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13 May 2010 / Finola Moss
Issue: 7417 / Categories: Features , Child law , Family
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The disability trap

Finola Moss identifies some fundamental flaws in the care system

The recent Court of Appeal judgment in M-W (a Child) EWCA Civ 12 brought into sharp focus the vulnerability of the disabled family within care proceedings. This judgment involved a baby, whose premature birth had resulted in serious medical problems.

At 11 months old she was removed by an interim care order from her bipolar mother, despite evidence that: the mother’s support package was insufficient from day one; the parents’ tracheotomy use being “pretty impressive’’; the judge finding that, the “mother had acquitted herself well in caring for [the baby] on her own in difficult circumstances’’; and a lack of any definitive evidence of the mother’s mental condition or the harm it might cause her child.

The psychiatrist had to defer to a psychologist’s evidence that the mother might be suffering from an emotionally unstable personality disorder, the symptoms of which are, in any event , similar to bipolar. This disorder was the main cause for concern, as unlike bipolar, it was untreatable,

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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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