References: [2015] EWFC 25
Links: Bailii
Coram: Russell J
The court held a welfare hearing in an application for a care order. An earlier fact finding hearing had concluded that the child was at risk.
Tag: Children
Crowhurst And Mary His Wife v Laverack; 20 Nov 1852
References: [1852] EngR 1029, (1852) 8 Exch 208, (1852) 155 ER 1322
Links: Commonlii
Coram: Baron Parke
The father and mother of an illegitimate child entered into an agreement for the maintenance of the child. He was to contribute on the basis that she would otherwise care for the child. The mother later married, and she and the father now sought payment for necessaries for the child.
Held: If the agreement purported to oblige the father to make payments if the mother agreed to support the child, then there was no consideration for the agreement, but if it was her agreement to take sole support of without affiliating the child, there would be good consideration.
This case is cited by:
- Cited – Ward -v- Byham CA (Bailii, [1956] EWCA Civ 1, [1956] 2 All ER 318, [1956] 1 WLR 496)
The parties were the parents of an illegitimate daughter. The child lived with the father at first, but the mother requested the child to be returned to her. The father agreed subject to a letter saying: ‘Mildred, I am prepared to let you have Carol . .
Rotherham Borough Metropolitan Council v L and Others; FC 20 Mar 2015
References: [2015] EWFC B29
Links: Bailii
Coram: Sarah Wright HHJ
Re L (Judgment); FC 15 Oct 2014
References: [2014] EWFC B168
Links: Bailii
Coram: Gareth Jones HHJ
Statutes: Children Act 1989, Adoption and Children Act 2002
Suffolk County Council v DL; FC 14 Jul 2014
References: [2014] EWFC 2
Links: Bailii
Coram: Parker J
In re K and D (Children – Care Proceedings – Separation of Siblings); FC 14 Aug 2014
References: [2014] EWFC B104
Links: Bailii
Children – Care Proceedings – Separation of Siblings
Cumbria County Council v M and F (Application for Rehearing); FC 24 Apr 2015
References: [2015] EWFC 35
Links: Bailii
Coram: Peter Jackson J
Application for Rehearing – following findings on the death of Poppi Worthington – fresh inquest ordered
Re A and Others (Care Proceedings); FC 30 Sep 2014
References: [2014] EWFC B147
Links: Bailii
Coram: Harris HHJ
Applications for care orders in relation to seven children.
Statutes: Children Act 1989
Lancashire County Council v P (Injured Child); FC 10 Apr 2015
References: [2015] EWFC B37
Links: Bailii
Re E and Another; FC 1 Aug 2014
References: [2014] EWFC B99
Links: Bailii
Coram: Orrell HHJ
Inquiry as to source of injuries to a child.
Re B and G (Children), Leeds City Council v M and Others; FC 27 Mar 2015
References: [2015] EWFC 27
Links: Bailii
Coram: Sir James Munby P FD
Care proceedings in relation to two children, B, a boy, born in July 2010 and G, a girl, born in July 2011. The local authority had asserted that the young girl was at risk of female genital mutilation.
Lincolnshire County Council v BW and Others; FC 20 May 2014
References: [2014] EWFC B160
Links: Bailii
Coram: HHJ Swindells QC
Application for care order and placement order.
Statutes: Children Act 1989
Re H; FC 23 Jan 2015
References: [2015] EWFC B30
Links: Bailii
Coram: Hudson HHJ
Application for placement order
Re S; FC 29 Aug 2014
References: [2014] EWFC B154
Links: Bailii
Coram: Hudson HHJ
F sought to extend the time for appeal and to appeal against the decisions of the Magistrates to make a final Care Order and to make a Placement Order in respect of his son.
RBC v W and N; FC 29 May 2015
References: [2015] EWFC B61
Links: Bailii
Coram: Owens HHJ
Applications for care and placement orders
Re LW (A Child); FC 4 Aug 2014
References: [2014] EWFC B96
Links: Bailii
Coram: Judge Carr QC
Care application by local authority – allegation of physical abuse.
Statutes: Children Act 1989 31
X (A Child) (Care and Placement Orders); FC 9 May 2014
References: [2014] EWFC B59
Links: Bailii
Re T (A Child); FC 5 Jun 2014
References: [2014] EWFC B79
Links: Bailii
Re K (Risks From Domestic Violence); FC 1 Apr 2015
References: [2015] EWFC B33
Links: Bailii
Coram: HHJ Pemberton
Statutes: Children Act 1989
Re J (A Child : Criticism of ICO Removal); FC 25 Mar 2014
References: [2014] EWFC B142
Links: Bailii
Coram:
HHJ Hillier
Statutes: Children Act 1989 38(2)
Re AB; FC 28 May 2015
References: [2015] EWFC B58
Links: Bailii
Coram: Pemberton HHJ
Two applications in relation to AB who was born in 2013 and is 2 years old. He is the son of ZX (the father) and ZA (the mother). The mother, supported by the father, has made an application to discharge the care order that AB is subject to. The LA has applied for a placement order for AB.
Re B and Others (Fact Finding, Care Proceedings); FC 8 Jul 2014
References: [2014] EWFC B84
Links: Bailii
A Local Authority v T and F; FC 19 Feb 2015
References: [2015] EWFC B31
Links: Bailii
Coram: Hudson HHJ
Milton Keynes Council, Re CM (A Child); FC 5 Jun 2014
References: [2014] EWFC B88
Links: Bailii
North Somerset Council v SB, DM, Guardian; FC 24 Feb 2015
References: [2015] EWFC B23
Links: Bailii
Coram: Wildblood QC HHJ
Re J (A Child) (Non Accidental Injury); FC 16 Sep 2014
References: [2014] EWFC B162
Links: Bailii
Coram: Hillier HHJ
Care proceedings and an application for a placement order in respect of a baby boy.
Statutes: Children Act 1989, Adoption and Children Act 2002
Re B (Placement Order); FC 7 Nov 2014
References: [2104] EWFC B180
Links: Bailii
Portsmouth City Council v O; FC 31 Jul 2014
References: [2014] EWFC B173
Links: Bailii
Coram: Black HHJ
Applications for care orders.
Peterborough City Council v SU and Others; FC 6 Jun 2014
References: [2014] EWFC B92
Links: Bailii
Coram: Greene HHJ
Application for care and placement order.
Statutes: Adoption and Children Act 2002
In re P and Q (Children: Care Proceedings: Fact Finding); FC 19 Mar 2015
References: [2015] EWFC 26
Links: Bailiii
Coram: Pauffley J
The mother and her partner had accused many people of the satanic ritual abuse of her children. The children had since retracted their complaints.
Held: The complaints by the children had been prompted and manufactured by the mother’s partner and the mother. None of the allegations, after substantial and careful investigation, were proved true. The mother and her partner had caused immense harm to both the children and the many people they had falsely accused, and had made that damage continuing by the publication, in probable contempt of court, of many details about the case. Those persisting with the allegations were acting either maliciously or foolishly.
Pauffley J summarised her conclusions: ‘Neither child has been sexually abused by any of the following – RD, teachers at CP School H. the parents of students at that school, the priest at the adjacent church, teachers at any of the H or H schools, members of the Metropolitan Police, social workers employed by the London Borough of X, officers of Cafcass or anyone else mentioned by Ms D or Mr C.
The children’s half brother, his father and stepmother – X and Y D – are likewise exonerated of any illicit or abusive acts involving the children.
There was no satanic or other cult at which babies were murdered and children were sexually abused.
All of the material promulgated by Ms Draper now published on the internet is nothing other than utter nonsense.
The children’s false stories came about as the result of relentless emotional and psychological pressure as well as significant physical abuse. Torture is the most accurate way to describe what was done by Mr C in collaboration with Ms D.
Both children were assaulted by Mr C by being hit with a metal spoon on multiple occasions over their head and legs, by being pushed into walls, punched, pinched and kicked. Water was poured over them as they knelt semi-clothed.
The long term emotional and psychological harm of what was done to the children is incalculable. The impact of the internet campaign is likely to have the most devastating consequences for P and Q.’
This case cites:
- Cited – In In Re T (Abuse: Standard of Proof) CA (Bailii, [2004] EWCA Civ 558, [2004] 2 FLR 838, [2004] Fam Law 709)
Dame Elizabeth Butler-Sloss P said that in abuse cases, evidence: ‘cannot be evaluated in separate compartments. A judge in these difficult cases has to have regard to the relevance of each piece of evidence to other evidence and to exercise an . . - Cited – In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) HL (Bailii, [2008] UKHL 35, [2008] 2 FLR 141, HL, [2009] 1 AC 11, [2008] 3 WLR 1, [2008] Fam Law 837, [2008] 2 FCR 339, [2008] Fam Law 619, [2008] 4 All ER 1)
There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having . . - Cited – In re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence) SC (Bailii, [2010] UKSC 12, SC, UKSC 2010/0031, SC Summ, Times, [2010] Fam Law 449, [2010] 2 All ER 418, [2010] 1 FLR 1485, [2010] PTSR 775, [2010] 1 FCR 615, [2010] 1 WLR 701, Bailii Summary)
The court considered the approach to be taken when considering whether to order a child’s attendance at court in care proceedings. It was argued that the starting point of assuming that a child should not attend, failed to respect the human right to . .
Re C (Children Appeal); FC 30 May 2014
References: [2014] EWFC B163
Links: Bailii
Coram: Eaglestone HHJ
Application by the father for permission to appeal as to whether care orders in respect of the children should be discharged with the result the children could return to live with their father; whether the section 34(4) order should be discharged so that the children could have direct contact with their father; and thirdly, whether upon the Guardian’s application an order under section 91(14) should be made by the court of its own motion so that the father may not issue any further applications under the Children Act without leave of the court.
Statutes: Children Act 1989
Re X (Care and Placement Order); FC 2 Jul 2014
References: [2014] EWFC B86
Links: Bailii
Coram: Lynch HHJ
Statutes: Adoption and Children Act 2002