header-logo header-logo

03 January 2008
Issue: 7302 / Categories: Case law , Child law , Law digest , Family
printer mail-detail

Family Law

Re C (A Child)(Adoption: Local Authority’s Duty) [2007] EWCA Civ 1206, [2007] All ER (D) 368 (Nov)

 

When a decision has to be made about the long-term care of a child, whom a mother wishes to make enquiries which it is not in the interests of the child to make. Enquiries are not in the interests of the child simply because they will pro­vide more informa­tion about the child’s background: they must genuinely further the prospect of finding a long-term carer for the child without delay.

 

Section 1 of the Adoption and Children Act 2002 does not estab­lish any preference for any particular result or prescribe any particular conclusion. It does not express a preference for following the wishes of the birth family or placing a child with the child’s birth family, though this will often be in the best interests of the child. In some cases, the birth tie will be very important, especially where the child is of an age to understand what is happening or where there are ethnic or cultural or religious reasons for keeping the child in the birth family.

 

Where a child has never lived with the birth fam­ily, and is too young to understand what is going on, that argument must be weaker. In such a case, it is (absent any application by any member of the family, which succeeds) overtaken by the need to find the child a permanent home as soon as that can be done.

Issue: 7302 / Categories: Case law , Child law , Law digest , Family
printer mail-details

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
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
back-to-top-scroll