The court declined to make an order for the return of children to Poland having regard to the children's views on the matter. The court commented that where the court was obliged to form their own conclusion on rights of custody upon the basis of a series of orders translated in English without the assistance of expert evidence the court should resist the temptation to make its own findings on the foreign laws and should be reluctant to allow rights of access to metamorphose into right of custod ...
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In an appeal concerning the proposed adoption of an English child by American parents the CA held that under s.84(4) of the Adoption and Children Act 2002 the physical presence of each of the applicant's throughout the entire 10 week period was not necessary to satisfy the requirement that the child's home was with both applicant's during this period. The CA further held that the confirmation which had to be given in order to satisfy para 10 (b) (iv) of the Adoptions with a Foreign Element Regul ...
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A local authority appealed against an order directing that there should be a fact finding hearing as to whether a person was a child and, if so, their age. The LA had been directed in family proceedings to prepare a s.37 report in respect of the person and had concluded that they were not a child. It was the LA's case that the court could not direct a fact finding hearing take place. The appeal was dismissed the CA holding that the word child in s.37 did not mean only those the local authority c ...
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The court held it to be in the best interest of the children concerned to grant permission for a further blood sample to be taken in order to test for any illness or condition which could explain the injuries sustained by one of the children. The children were the subject of care proceedings and the court stated that if the tests showed up no disorder it might assist the parents in facing up to that situation.
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In the well publicised case above where a mother's baby had been returned to her following a local authority's unlawful removal of him the local authority subsequently issued care proceedings and an ICO was made. On the mother's appeal against the ICO the CA held that the judge had been entitled to make this order which was plainly within his discretion.
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It was held that the Nottingham City Council had acted unlawfully in removing a child from its mother without her consent and without having first obtained a court order which authorised this.
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In making an order providing for a large increase in a wife's periodical payments the court held that the language of the House of Lords in relation to compensation in Miller v Miller; Macfarlane v McFarlane was of general application and could extend to consideration by the court of the overall fairness of an order made upon an application to vary a joint lives periodical payments order.
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The CA held that while a children's guardian's appeal had to be dismissed in the light of current authority important issues had been raised and permission to appeal to the House of Lords would be granted. The important issues were the authorities binding on the courts in respect of the standard of proof for making findings of sexual and other serious abuse.
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Appeal - This was an appeal by the parents of two children against a decision of the learned sheriff who held that the grounds of referral had on the evidence led before him been established. The child was the son of the appellants. The learned sheriff found as a matter of fact that the child was under the supervision of the Children's Hearing. Grounds for referral were established at Glasgow Sheriff Court. The child was on the child protection register under the category of emotional abuse.&nbs ...
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A father's appeal against the order of a District Judge requiring him to make payments of child maintenance from capital and borrowings rather than income was dismissed. The parents were unmarried and the father and his wife and their children enjoyed a high standard of living.
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