The CA gave guidance on split hearings in Children Act Proceedings including the necessity for expressly considering at what stage the threshold criteria under s.31 (2) will be considered. In a case where the threshold criteria are alleged to be satisfied on the basis of future risk rather than past harm the LA must provide clear written analysis of the facts alleged to give rise to that future risk in relation to each child. Clarity in directions and in the titles of documents was also urged.
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The CA allowed the appeal of a mother who had sought to keep the birth of her child (who she wished to be adopted) secret from the maternal family and the father, who she declined to identify. The CA held that s.1 of the Adoption and Children Act 2002 did not impose a duty to make enquiries which it was not in the best interests of the child to make, and enquiries were not in the interests of the child simply because they would provide more information about the child's background.
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A judgment returning children to their mother on the basis that she had recovered from alcoholism and was abstinent was upheld. The CA holding that the judge had dealt with the evidence of the social worker and Cafcass that the mother tended to put her own emotional needs above those of the children.
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Where parents of children subject to placement orders had set up two websites discouraging prospective adopters the court held it was appropriate and proportionate to protect the children's welfare by continuing injunctions sought by the local authority restricting publication in respect of the children.
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The CA allowed an appeal against Singer J's refusal to recuse himself from an ancillary relief matter where he had made comments which could be seen as mocking the third respondent's status as a Saudi Sheik, his nationality and Muslim faith.
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A retrial was ordered by the CA after care proceedings which resulted in orders being made largely on the basis of hearsay evidence.
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The court ruled that a change in surname and an order under s.91(14) Children Act 1989 were both in the best interests of children where their father had pursued an abusive course of behaviour towards the mother and made threats within the proceedings to abduct the children.
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The court dismissed a mother's appeal against a judge's refusal to make an order for post adoption contact under s.26 Adoption and Children Act 2000. The guardian had strongly supported twice yearly contact and the LA's care plan was for once yearly. The court held that the judge had been entitled to prefer the evidence of the LA.
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The court dimissed a wife's application for leave to appeal an ancillary relief order out of time on the grounds that the consent order had provided for payment to her of a lump sum on the basis that the market value of the FMH was £1.25m and the property subsequently sold for £1.6m.
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The CA allowed in part an appeal by parents whose children had been the subject of care proceedings and who were themselves now facing criminal proceedings. The parents sought that the children be interviewed for the purpose of the criminal proceedings. It was held that this was appropriate albeit with safeguards in place.
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