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20 September 2007 / Finola Moss
Issue: 7289 / Categories: Features , Child law
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Authorised abuse?

Courts and public agencies have too much control over family life, says Finola Moss

English courts possess the most draconian powers to remove children from their parents in Europe and have twice the number of permanent removals than in Scotland, yet the government maintains that these courts must remain behind closed doors to protect a child’s right to privacy.

Arguments for privacy appear rather pyrrhic, as if the child remains with his parents the community will already be aware of his predicament, as care proceedings per se involve a public examination of everyone one who has, or has had, contact with the child and his family by court officials. If adopted the child’s name is changed and if in care his antecedents follow.

Could this privacy not equally be served by putting reporting restrictions on the media as in criminal courts? As proceedings are behind closed doors, family judges cannot publish their judgments, any miscarriages of justice cannot be aired in the media, and parents cannot seek help from anyone, even their MP.

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MOVERS & SHAKERS

EIP—Stuart Malcolm

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EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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