swarb.co.uk - law index
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Children - From: 1993 To: 1993
This page lists 83 cases, and was prepared on 20 May 2019.
Berkshire County Council v C and others [1993] 1 FLR 569; [1993] 2 WLR 475
1993
QBD
Children, Local Government, Magistrates
Care proceedings were commenced in respect of two children. The court directed the local authority to carry out an assessment which would require in effect the full time attention of a social worker, the child having been taken into care. The authority replied that it would undertake the assessment but that there would be a delay until a certain date because of a lack of resources. The court then made a further order which repeated the order for an assessment and specified that it should be provided by a certain date, a date which was before the date promised by the authority. The authority appealed. Held: The court order stood. Provided only that the court had considered and taken proper account of the information on the authority's resources, and it was not manifestly wrong, there was no scope to vary the order.
Children Act 1989 38(6)
Re C (a Minor) (Adoption: Parental Agreement: Contact) [1993] 2 FLR 260
1993
CA
Steyn and Hoffmann LJJ
Children, Adoption
Where adoption is to be considered against the will of the parent, the court should recognise when asking whether the opposition was unreasonable that the test is objective and supposes that this person is endowed with a mind and temperament capable of making reasonable decisions: ". . making the freeing order, the judge had to decide that the mother was 'withholding her agreement unreasonably'. This question had to be answered according to an objective standard. In other words, it required the judge to assume that the mother was not, as she in fact was, a person of limited intelligence and inadequate grasp of the emotional and other needs of a lively little girl of 4. Instead she had to be assumed to be a woman with a full perception of her own deficiencies and an ability to evaluate dispassionately the evidence and opinions of the experts. She was also to be endowed with the intelligence and altruism needed to appreciate, if such were the case, that her child's welfare would be so much better served by adoption that her own maternal feelings should take second place.
Such a paragon does not of course exist: she shares with the 'reasonable man' the quality of being, as Lord Radcliffe once said, an 'anthropomorphic conception of justice'. The law conjures the imaginary parent into existence to give expression to what it considers that justice requires as between the welfare of the child as perceived by the judge on the one hand and the legitimate views and interests of the natural parents on the other. The characteristics of the notional reasonable parent have been expounded on many occasions: see for example Lord Wilberforce in In re D (Adoption: Parent's Consent) [1977] AC 602, 625 ('endowed with a mind and temperament capable of making reasonable decisions'). The views of such a parent will not necessarily coincide with the judge's views as to what the child's welfare requires."
1 Cites
1 Citers
In re B-M (Wardship: Jurisdiction) [1993] 1 FLR 979
1993
FD
Eastham J
Children, International
The court considered a child who was a German national. He was taken by his mother out of England where they had been living and where they had their habitual residence. The mother was sole custodian of the child. On the application of the father the child was made a ward of court and the father applied for a declaration under the Hague Convention that the retention by the mother was wrongful. Held: The court concluded that the English wardship court had jurisdiction over an alien child provided England or England and Wales is the habitual residence of the child.
Northamptonshire County Council v S [1993] Fam 136
1993
Children
In re Manda; CA 1993 - [1993] Fam 183; [1993] 1 FLR 205
Birmingham City Council v H (A Minor) [1993] 1 FLR 883
1993
CA
Balcombe LJ, Kennedy LJ and Evans LJ
Children
An application was made by the local authority to take into care the daughter of a 15 year old mother. The question was whether any priority was to be given to the daughter's interests when the mother herself was also a child. Held: When the upbringing of both mother and daughter was involved under the Act, section 1(1) was engaged also for the mother: "So the question of contact between R (the baby) and M (the mother) relates to the upbringing of each of them and in each case the Act requires that their welfare shall be the court's paramount consideration. But this is an impossibility. "Paramount" means "above all others in rank, order or jurisdiction; supreme" - see the Shorter Oxford Dictionary (3rd Edn.) On one and the same issue, contact between them, M's welfare cannot rank above R's welfare and his above hers . . I can think of no reason why Parliament should have intended, when a question with respect to the upbringing of two children is before the court, that the court should regard one child's interests as paramount to that of the other. Accordingly, in my judgment, while the welfare of M and R, taken together is to be considered as paramount to the interests of any adults concerned in their lives, as between themselves the court must approach the question of their welfare without giving one priority over the other. You start with an evenly balanced pair of scales. Of course, when you start to put into the scales the matters relevant to each child - and in particular those listed in s 1(3) - the result may come down in favour of one rather than the other, but that is a balancing exercise which the court is well used to conducting in cases concerning children.
Children Act 1989 1(1)
1 Cites
1 Citers
In re A Z (A Minor) (Abduction: Acquiescence) [1993] 1 FLR 682
1993
Children
1 Citers
Re D (Minors) (Conciliation: Disclosure of Information) [1993] Fam 231
1993
CA
Sir Thomas Bingham MR
Children, Litigation Practice
The court considered the privileged status of statements made in proceedings under the Children Act 1989 together with the existence of exceptions to that status. Held: Sir Thomas Bingham MR described the practice in family concilations: "The practice of conciliation has grown and evolved in various ways over the last 10 years, in court and out of court, voluntary or directed, and extends over many parts of the country. Resolution of disputes over children by parents locked in acrimony and controversy has gradually but perceptibly taken over from efforts to preserve the state of the marriage of the parents. Conciliation of parental or matrimonial disputes does not form part of the legal process but as a matter of practice is becoming an important and valuable tool in the procedures of many family courts. This underlines the great importance of the preservation of a cloak over all attempts at settlement of disputes over children. Non-disclosure of the contents of conciliation meetings or correspondence is a thread discernible throughout all in-court and out-of-court conciliation arrangements and proposals.
Conclusion
These practices and expressions of opinion cannot of course be regarded as authoritative statements of the law. But in this field as in others it is undesirable that the law should drift very far away from the best professional practice. The practice described above follows the law in recognising the general inviolability of the privilege protecting statements made in the course of conciliation. But it also recognises the special regard which the law has for the interests of children. In our judgment, the law is that evidence may not be given in proceedings under the Children Act 1989 of statements made by one or other of the parties in the course of meetings held or communications made for the purpose of conciliation save in the very unusual case where a statement is made clearly indicating that the maker has in the past caused or is likely in the future to cause serious harm to the well-being of a child.
We wish in closing to emphasise three points. (1) Even in the rare case which falls within the narrow exception we have defined, the trial judge will still have to exercise a discretion whether or not to admit the evidence. He will admit it only if, in his judgment, the public interest in protecting the interests of the child outweighs the public interest in preserving the confidentiality of attempted conciliation. (2) This judgment is concerned only with privilege properly so called, that is, with a party's right to prevent statements or documents being adduced in evidence in court. It has nothing to do with duties of confidence and does not seek to define the circumstances in which a duty of confidence may be superseded by other public interest considerations: cf. W. v. Egdell [1990] Ch. 359 . (3) We have deliberately stated the law in terms appropriate to cover this case and no other. We have not thought it desirable to attempt any more general statement. If and when cases arise not covered by this ruling, they will have to be decided in the light of their own special circumstances."
1 Citers
In re S (A Minor) (Independent Representation) [1993] Fam 263; [1993] 2 FLR 437
1993
CA
Sir Thomas Bingham MR
Children, Litigation Practice
Sir Thomas Bingham MR said: "Different children have differing levels of understanding at the same age. And understanding is not absolute. It has to be assessed relatively to the issues in the proceedings. Where any sound judgment on these issues calls for insight and imagination which only maturity and experience can bring, both the court and the solicitor will be slow to conclude that the child's understanding is sufficient." and "The 1989 Act enables and requires a judicious balance to be struck between two considerations. First is the principle, to be honoured and respected, that children are human beings in their own right with individual minds and wills, views and emotions, which should command serious attention. A child's wishes are not to be discounted or dismissed simply because he is a child. He should be free to express them and decision-makers should listen. Second is the fact that a child is, after all, a child. The reason why the law is particularly solicitous in protecting the interests of children is because they are liable to be vulnerable and impressionable, lacking the maturity to weigh the longer term against the shorter, lacking the insight to know how they will react and the imagination to know how others will react in certain situations, lacking the experience to measure the probable against the possible. Everything of course depends on the individual child in his actual situation. For purposes of the Act, a babe in arms and a sturdy teenager on the verge of adulthood are both children, but their positions are quite different: for one the second consideration will be dominant, for the other the first principle will come into its own. The process or growing up is, as Lord Scarman pointed out in Gillick ...[1986] AC 112 at p 186B [1986] 1 FLR 224 at p250H), a continuous one. The judge has to do his best, on the evidence before him, to assess the understanding of the individual child in the context of the proceedings in which he seeks to participa
Family Proceedings Rules 1991 9.2A(6) - Children Act 1989
1 Citers
C v Solihull Metropolitan Borough Council [1993] 1 FLR 290
1993
FD
Ward J
Children
The court allowed a limited period of "planned and purposeful delay" before making a care order. Ward J: "We have heard much, as we have prepared for the implementation of the Children Act 1989, about partnership. One of those partnerships is the very important one between the court and the local authority, where the part played by the court is to consider all the facts that are presented to it by the local authority and to make a decision finally disposing of the case only when all of those facts are as clearly known to the court as can be hoped. "
Children Act 1989
1 Citers
M v Kennedy 1993 SCLR 69
1993
Children
Competency of young child to give evidence.
1 Citers
F v Kennedy (No. 1) 1993 SLT 1277
1993
Children, Evidence
The evidence of a child who is not a competent witness is not admissible.
1 Citers
S v Oxfordshire County Council [1993] 1 FLR 452
1993
FD
Connell J
Children, Magistrates
The failure by magistrates to give reasons for making an order is a serious deficiency and should occur only exceptionally: "It would be unjust to this child to allow a decision to stand which so affected his future without at least understanding the main bases upon which the decision was reached."
1 Citers
Newham London Borough Council v Attorney-General [1993] 1 FLR 28
1993
CA
Children
The court rejected an argument that "likely to suffer significant harm" in the subsection was to be equated with "on the balance of probabilities".
Children Act 1989 31(2)(a)
1 Citers
Hodak v Newman and Hodak (1993) 17 Fam LR 1; [1993] FamCA 83; (1993) FLC 92-421
1993
Lindenmayer J
Children, Commonwealth
(Family Court of Australia) Lindenburgh J said: "I am of the opinion that the fact of parenthood is to be regarded as an important and significant factor in considering which proposals better advance the welfare of the child. Such fact does not, however, establish a presumption in favour of the natural parent, nor generate a preferential position in favour of the natural parent from which the Court commences its decision-making process . . Each case should be determined upon an examination of its own merits and of the individuals there involved."
1 Citers
[ Austlii ]
Re C (A Minor) (Care: Child's Wishes) [1993] 1 FLR 832
1993
FD
Waite J
Children
Waite J discussed the propriety of a 13 year old attending the family proceedings court in a care application, saying: "I think it would be a pity if the presence of children as young as this at the hearing of High Court appeals from magistrates in family proceedings were to be allowed to develop unquestioningly into a settled practice. Most of the children concerned in care proceedings have only become involved in the first place because of some past or anticipated experience which threatens the stability and lightness of heart which could be called the national birthright of every child. I would have thought that to sit for hours, or it may be even days, listening to lawyers debating one's future is not an experience that should in normal circumstances be wished upon any child as young as this."
1 Citers
In Re D (a Minor) (Contact: Mother's Hostility) [1993] 2 FLR 1
1993
CA
Waite LJ
Children
Waite LJ: "It is now well settled that the implacable hostility of a mother towards access or contact is a factor which is capable, according to the circumstances of each particular case, of supplying a cogent reason for departing from the general pronciple that a child should grow up in the knowledge of both his parents.
I see no reason to think that the judge fell into any error of principle in deciding as he clearly did on the plain interpretation of his judgment, that the mother's present atitude towards contact puts D at serious risk of major emotional harm if she were to be compelled to accept a degree of contact to the natural father against her will."
1 Citers
Humberside County Council v B [1993] 1 FLR 257
1993
Booth J
Children
The justices had found that a child was likely to suffer significant harm on the basis that there was evidence of such harm as the court should take into account in considering the child's future. Held: The finding was upheld. Booth J discussed the definition of 'significant harm': "Significant harm was defined by Miss Black, in accordance with dictionary definitions, first as being harm that the court should consider was either considerable or noteworthy or important. Then she expressed it as harm which the court should take into account in considering a child's future. I think that is a very apt and helpful submission."
Children Act 1989 31
1 Citers
In Re M (Minors) (Residence Order: Jurisdiction) (1993)1 FLR 495
1993
CA
Balcombe LJ, Steyn LJ, Hoffman LJ
Children
The claimant mother took her 2 children from their grandparent's home in Scotland where they were habitually resident on 4 July 1992 for a 2 week holiday with her in England. On 13 July she told the grandparents that she was not returning the children. She started proceedings in England on 23 July. Held: The English courts would only have jurisdiction if the children were not habitually resident in any other part of the United Kingdom on 23 July. They were not so habitually resident as the mother's notice to the grandparents on 13 July had brought their Scottish habitual residence to an end. The question was whether they had between 13 July and 23 July acquired habitual residence in England.
Balcombe LJ said: "I do not find it necessary to express a final opinion on this question. As stated in the passage from Lord Brandon's speech in Re J which is the third proposition above it is easy to lose an habitual residence: it is more difficult to acquire one. It is sufficient to say that I entertain grave doubts that the children had by 23 July 1992, regained an habitual residence in England."
Hoffman LJ agreed in the result, but would have had less difficulty than Balcombe LJ in holding that on 13 July the children were habitually resident in England. He set out his reasons.
1 Citers
Kingston upon Thames Royal Borough Council v Prince (1993) 31 HLR 794
1993
Hale J, Roch LJ
Housing, Land, Children
A minor could succeed to a secure tenancy under the 1985 Act. Hale J said: "A minor can hold an equitable tenancy of any property, including a council house." quoting the Law commission which said: "Moreover the statutory provisions do not restrict a minor's ability to acquire an equitable interest in land: there is nothing to prevent a would-be lessor granting an equitable tenancy to a minor. The desired result can be achieved by the lessor's entering into a contract with the minor to grant him a lease on the agreed terms, followed by the minor's entry into possession of the property let."
Housing Act 1985
1 Citers
In re S (Minors) (Child Abduction: Wrongful Retention) Gazette, 06 October 1993; [1994] Fam 70
1993
FD
Wall J
Children
The parents of S were Israeli citizens living in Israel. They had equal parental rights and responsibilities under Israeli law. They brought their two children to England intending to reside here for one year and then return to Israel. The father returned to Israel early and commenced proceedings for divorce. The mother remained in England with the children and had obtained ex parte interim prohibited steps and residence orders under the 1989 Act. The father then issued return proceedings under the Convention. Held: The father's application succeeded. Among other things, the parents had agreed to live in England for a year. The breakdown of the relationship did not entitle the father unilaterally to resile from that agreement and the children should remain in England for that period. However, since the mother had announced an intention not to return at all, she could no longer rely on the father's agreement to the limited period of removal as protecting her against an application under the Convention.
Children Act 1989 - Convention on the Civil Aspects of International Child Abduction 1980
1 Citers
In re A (A Minor) (Care Proceedings) [1993] 1 FLR 824
2 Jan 1993
FD
Thorpe J
Children
It was again argued that "likely" meant more probable than not. Held: The argument was not open to the appellants in the light of Newham London Borough Council.
Children Act 1989 31(2)(a)
1 Cites
1 Citers
Re F (A Minor) Independent, 10 February 1993
10 Feb 1993
CA
Children
A paternity test was not to be ordered if it would be detrimental to the child's interests.
Family Law Reform Act 1969 20(1)
Re N (A Minor) Ind Summary, 22 February 1993
22 Feb 1993
CA
Children, International
The application of Hague Convention to child abduction was a statutory function. If the facts fell within the statute, the order should be made. In such cases the interests of the particular child may not be paramount because of the need to protect other children by enforcement of the Act. Such proceedings are neither adversarial, nor inquisitorial, but sui generis
Child Abduction and Custody Act 1985
In Re H (A Minor); CA 23-Feb-1993 - Times, 23 February 1993
Re H (Minors: Parental Conflict); CA 24-Feb-1993 - Independent, 24 February 1993
Re S-W Ind Summary, 01 March 1993
1 Mar 1993
FD
Children
Lawyers should warn their clients of the wide range of the court's powers in care cases. Orders can be made under other sections even though the application is under only one section. The court is not limited to the application presented, but has power to make the orders it saw to align with its first duty to treat the child's welfare as the paramount consideration.
Children Act 1989 34
In Re S (A Minor) (Representation) Times, 02 March 1993
2 Mar 1993
CA
Children
Judges are to decide when children may choose their own lawyers.
Children Act 1989
Re S (A Minor) Independent, 02 March 1993
2 Mar 1993
CA
Children
11 year old may not dismiss Official solicitor - court's discretion.
Regina v D (Minors) Independent, 11 March 1993
11 Mar 1993
CA
Children
Statements made during course of conciliation were confidential.
Children Act 1989
Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar; HL 19-Mar-1993 - Gazette, 07 July 1993; Independent, 19 March 1993; [1993] 2 All ER 65; [1993] 2 WLR 609; [1993] AC 509
Re RD (A Minor) Ind Summary, 22 March 1993
22 Mar 1993
FD
Children
Court's duty to protect a child overrides Legal Aid Board view.
In Re T (Minors) Civil Aspects of International Child Abduction; FD 23-Mar-1993 - Times, 23 March 1993
In Re W (A Minor); CA 23-Mar-1993 - Times, 23 March 1993; [1993] 2 FLR 625
In Re S (Minor) (Parental Rights) Times, 30 March 1993
30 Mar 1993
QBD
Children, Torts - Other
There is no cause of action known to the law such as interference with parental rights, and any action based upon such an assertion must be struck out.
Practice Direction: Principal Registry Family Division 22 Feb 1993 Gazette, 31 March 1993
31 Mar 1993
FD
Children
Prior leave applications for contact etc on applications to the court by children should be made to High Court.
Children Act 1989 10
Nottingham County Council v P [1993] EWCA Civ 35; [1993] 2 FLR 134; [1993] 3 WLR 637; [1993] 3 All ER 815; [1994] Fam 18
6 Apr 1993
CA
Children
Appeal against refusal of prohibited steps order.
[ Bailii ]
Re P (Minors) Independent, 09 April 1993; Independent, 07 April 1993
7 Apr 1993
CA
Children, Local Government
A local authority should seek to protect children by part IV applications and not under Part II. There is a lacuna in the Act. It was not to use the private law provisions of Part II of the Act to pursue public law objectives.
Children Act 1989
Re O (A minor) (Medical Treatment); FD 12-Apr-1993 - Ind Summary, 12 April 1993; [1993] 2 FLR 149
Regina v Kirklees Borough Council ex parte C (A Minor); CA 12-Apr-1993 - Ind Summary, 12 April 1993; [1993] FLR 187
Re CT (A Minor); CA 7-May-1993 - Independent, 07 May 1993
In Re T (A Minor) (Wardship: Representation) Times, 10 May 1993
10 May 1993
CA
Children
Court only to invoke wardship jurisdiction if the Children Act 1989 gives no answer.
Children Act 1989
Re P (Minors) Ind Summary, 10 May 1993
10 May 1993
CA
Children
Court should make final order when possible - not adjourn.
Children Act 1989 38
In Re C (A Minor: Contribution Notice); FD 13-May-1993 - Times, 13 May 1993; [1994] 1 FLR 111
Re C (A Minor) Ind Summary, 17 May 1993
17 May 1993
FD
Children
The Court is to look at actual reasonable expenditure in order to calculate a maintenance requirement.
Children Act 1989
Re T (Minors); FD 24-May-1993 - Ind Summary, 24 May 1993
Re G Ind Summary, 24 May 1993
24 May 1993
FD
Children, Legal Professions
Legal representatives were warned on the danger of being made the subject of costs orders on inappropriate appeals against interim orders.
W v Ealing London Borough Council Independent, 18 June 1993; Times, 01 June 1993
1 Jun 1993
CA
Children
Children Act applications are not to be used to undermine wardship decisions. Where the wardship jurisdiction was not challenged, oral evidence was not to be required.
Children Act 1989 34
Camden London Borough Council v R (A Minor) (Blood Transfusion); in Re R (A Minor)(Blood Transfusion) Times, 08 June 1993; Independent, 09 June 1993; [1993] 2 FLR 757
8 Jun 1993
FD
Booth J
Children, Health
Child A's doctors considered that she would need treatment over the following two years and that this could involve the need for blood transfusions at any time. The parents were Jehovah's Witnesses and refused consent. Held: The order allowing a transfusion to be given was made. The child's need for blood was so overwhelming that, in her best interests, her parent's beliefs had to be overridden. An authority should obtain a specific issue order with regard to the use of blood products on a child.
Booth J discussed the issue of how such applications should be handled procedurally: "I am in complete agreement with the essential premise of the conclusions reached by Johnson J. Such issues are of the utmost gravity and are of particular anxiety since the decision of the court may run counter to the most profound and sincerely held beliefs of the parents. For these reasons the most strenuous efforts should always be made to achieve an inter partes hearing. Such issues should also be determined, wherever possible, by a High Court judge and this is of particular importance in those exceptional circumstances where an application must be made ex parte so that the parents cannot be heard. But in my judgment these prerequisites can be as well met by an application for a specific issue order under s 8 as by an application for the exercise of the court's inherent jurisdiction. A section 8 application can, and in circumstances such as these undoubtedly should, be made to the High Court. When leave to make it is sought by a local authority, or other appropriate body or person, the district judge, as in this case, can give all necessary directions for a speedy hearing. It will then be heard by a High Court judge. Although there is yet no reported decision as to whether or not a specific issue order can be made ex parte, I should be very surprised if the words of the statute had to be interpreted so narrowly as to deny the court power to give such relief where it was otherwise justified and the circumstances compelled an ex parte hearing. But if such an issue were to come before a judge of the Family Division who was constrained to find the court's jurisdiction to be so limited, the power to invoke the exercise of the inherent jurisdiction of the court would be immediately available and appropriate.
In the present case I am in no doubt that the application is well-founded under section 8 of the Act. The result which the local authority wishes to achieve, namely, the court's authorisation for the use of blood products, can clearly be achieved by the means of such an order. There is no need for the court otherwise to intervene to safeguard the little girl, so that I am satisfied that it is unnecessary and inappropriate for the court to exercise its inherent jurisdiction."
Children Act 1989 8
1 Cites
1 Citers
In Re C (A Minor) Gazette, 09 June 1993
9 Jun 1993
FD
Children
Guidance on assessment of contribution from absent parent.
Children Act 1989 Sch2 para 21
Practice Note (Official Solicitor: Sterilisation) Times, 22 June 1993
22 Jun 1993
FD
Litigation Practice, Children, Health
Practice Note by Official Solicitor setting out the procedure to be followed when considering the sterilisation of a Minor.
Nottinghamshire County Council v P Gazette, 07 July 1993
7 Jul 1993
CA
Children
The Local Authority sought to obtain residence & contact orders by back door practices. This was wrong in principle.
R B (Minors) (Disclosure of Medical Reports: Privilege) Gazette, 07 July 1993
7 Jul 1993
FD
Children
Reports prepared for Children Act proceedings are privileged.
In Re S (Minors) (Convention On the Civil Aspects of International Child Abduction); FD 21-Jul-1993 - Times, 21 July 1993; [1994] Fam 70
In Re C (A Minor) (Interim Care Order); CA 23-Jul-1993 - Times, 23 July 1993
Essex County Council v Regina (Legal Professional Privilege) Ind Summary, 16 August 1993; Times, 18 August 1993
23 Jul 1993
FD
Thorpe J
Children, Family, Legal Professions
The court's duty to a child's welfare can override issues of legal professional privilege if necessary. Parties and their legal professional representatives appearing in a court on a Children's Act matter had a positive duty to disclose material documents, including experts' reports and even where otherwise protected by privilege. If not the court's assessment of the risks facing a child may be distorted.
Children Act 1989
Re S Ind Summary, 26 July 1993
26 Jul 1993
CA
Children
A court may stay an application for residence without staying a parental responsibility order.
Re C (A Minor) Ind Summary, 26 July 1993
26 Jul 1993
CA
Children
Need for system to be set up to provide judges to hear High Court children applications.
N v N (Consent Order: Variation) Times, 29 July 1993
29 Jul 1993
CA
Children
The child's interests are to be taken into account when varying a maintenance order.
Matrimonial Causes Act 1973 31(7)
In Re G (Minors) (Interim Care Order) Times, 02 August 1993
2 Aug 1993
CA
Children
An interim care order should normally try to maintain the status quo pending a final hearing.
Children Act 1989 38
Regina v Northavon District Council, ex parte Smith Independent, 18 August 1993; Times, 04 August 1993
4 Aug 1993
CA
Housing, Children
A local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless.
Housing Act 1985 - Children Act 1989
1 Cites
1 Citers
D v D (County Court Jurisdiction: Injunctions) Ind Summary, 09 August 1993; Gazette, 13 October 1993; Times, 29 July 1993
9 Aug 1993
CA
Children
County Court may not to stop a Local Authority who were not party to the case before them, from using their statutory powers with regard to the children.
Children Act 1989
Re S Ind Summary, 23 August 1993
23 Aug 1993
FD
Children
The court had a duty to read the evidence filed in support of an application.
Re R (A Minor) Gazette, 01 September 1993
1 Sep 1993
CA
Children, Adoption
A contact order was not inconsistent with a freeing order.
Re S (A Minor) Independent, 08 September 1993
8 Sep 1993
CA
Children
A stay in proceedings once grented applies to all elements of the proceedings.
Rice v Miller [1993] FamCA 87; (1993) FLC 92-415
10 Sep 1993
Ellis, Lindemayer, Bell JJ
Children, Commonwealth
(Family Court of Australia) Whilst there is a legislative presumption regarding equal shared parental responsibility between parents there is no presumption in favour of parents (jointly or severally) as regards the placement of children nor a presumption in favour of a parent as regards their relationship with a child (such as by spending time or communicating with them) and whether judiciable controversy arises between parents or as regards a parent and a non-parent.
1 Cites
1 Citers
[ Austlii ]
M (A Minor) Ind Summary, 13 September 1993
13 Sep 1993
CA
Children
Counsel should double up if appropriate to reduce costs on interlocutory applications.
In Re A (Minor: Wardship) (Challenging Ex Parte Order) Times, 05 October 1993
5 Oct 1993
CA
Children
To vary or rescind an ex parte order the absent party must apply to the same judge.
In Re M (Minor: Care Order) Times, 20 October 1993
20 Oct 1993
FD
Children
A Care order to protect a child against danger may not be made after the risk subsides.
Children Act 1989 3(2)
1 Citers
Re F (A Minor) Ind Summary, 15 November 1993; Times, 27 October 1993
27 Oct 1993
FD
Children
Family Court cases are non-adversarial - duty of solicitors to advise court of error.
Re M (A Minor) Ind Summary, 08 November 1993
8 Nov 1993
CA
Children
For an order to be made, the child was to be continuing to suffer harm at the hearing date and the harm should resultant from the alleged lack of care.
Children Act 1989 31(2)
In Re M (A Minor) Times, 10 November 1993
10 Nov 1993
FD
Children
Parent may have to state whereabouts, but need not give progress report.
Children Act 1989 8 11(7)
In Re L (Minors: Parties) Times, 11 November 1993; Gazette, 26 January 1994; Independent, 18 November 1993
11 Nov 1993
CA
Children
Children intervening and separately represented in family applications in the High Court, ought to be admitted as parties to the action.
Oxfordshire County Council v M; CA 15-Nov-1993 - Ind Summary, 15 November 1993; Times, 02 November 1993
Regina v Barnet London Borough Council Ex Parte B and Others Independent, 17 November 1993; [1994] ELR 357
17 Nov 1993
QBD
Auld J
Children, Local Government
A Local Authority has to balance its duties to provide nurseries against financial constraints. The section sets out duties of a general character which are intended to be for the benefit of children in need in the local social services authority's area in general. The other duties and the specific duties which then follow must be performed in each individual case by reference to the general duties which the section sets out. The subsection sets out the duties owed to a section of the public in general by which the authority must be guided in the performance of those other duties. The guidance issued under section 7 of the Local Authority Services Act 1970 entitled The Children Act 1989 Guidance and Regulations, vol 2: Family Support, Day Care and Educational Provision for Young Children indicated that the duties under Part III of the 1989 Act fell into two groups, those which are general and those which are particular, and that the general duties are concerned with the provision of services overall and not to be governed by individual circumstances.
Children Act 1989 817(1)
1 Citers
H (a Minor) (Foreign Custody Order: Enforcement) Times, 19 November 1993; Ind Summary, 22 November 1993; [1994] 2 WLR 269
19 Nov 1993
CA
Children, Jurisdiction
After a divorce, the Belgian Court had granted the father a contact order, for him to receive her at home at holidays. The mother moved to England, breaching the order. The father had the order registered here, then sought to enforce it. The court had found the girl to have a genuine fear of the father, but thought that he had no discretion. Held: The High court did indeed have a discretion. The phrase 'recognition and enforcement' were to be read disjunctively, and enforcement would not follow automatically from registration. A foreign court order need not be enforced here if it was clearly no longer in the child's best interests.
European Convention on the Recognition and Enforcement of Decisions etc 10(1) - Child Abduction and Custody Act 1985 16 S2-A10(1)(b)
X (Minors) v Bedfordshire County Council; QBD 24-Nov-1993 - Independent, 23 December 1993; Times, 24 November 1993
In Re W (Minors) (Sexual Abuse: Standard of Proof); CA 1-Dec-1993 - Times, 01 December 1993; [1994] 1 FLR 419
In Re F (Minors) (Parental Home: Ouster); CA 1-Dec-1993 - Times, 01 December 1993; Gazette, 26 January 1994; Ind Summary, 13 December 1993
Re M (Minors) (Care Proceedings: Child's Wishes) [1993] EWHC 1 (Fam); [1994] 1 FCR 866; [1994] 1 FLR 749; [1994] Fam Law 430
2 Dec 1993
FD
Children
False
[ Bailii ]
Devon County Council v S and Another (Wardship) Times, 07 December 1993; Ind Summary, 20 December 1993
7 Dec 1993
FD
Children
The Court should construe the Act with an open-mind with regard to Local Authority proceedings applying for leave to institute wardship proceedings.
Children Act 1989 100(4)
Practice Direction (Children Cases: Time Estimates) Times, 08 December 1993
8 Dec 1993
FD
Children
New procedure for production of time estimates in cases re children.
Children Act 1989
Birmingham City Council v H (A Minor) and Others; HL 16-Dec-1993 - Independent, 07 January 1994; Gazette, 09 February 1994; Times, 17 December 1993; [1993] UKHL 9
