The latest update to Family Court Reports is now live for subscribers.
This update includes:
Care proceedings – Disclosure – Documents filed in care proceedings being disclosed to police – Confidentiality – Public interest considerations – Whether disclosure of care proceedings to police being treated as equivalent to disclosure by police into care proceedings – Distinction between self-incrimination and right to silence – Value of Re EC checklist.
Care proceedings – Article 15 transfer – Request of court’s own motion – French national with French mother in temporary residential placement in England – Substantial advantages to case remaining in England included professional involvement over two years and avoiding further delay – Whether ultimate advantages of placement in France justified transfer – Lack of notice to parties – Requests for information under art 55 BIIA – Involvement of ICACU – Confusion over role of French authorities and role of English local authority – Review of use of arts 55 and 56.
Care proceedings – Fact-finding – Medical evidence – Full analysis required – Preference for a witnesses evidence over conflicting evidence to be reasoned – Practical review of evidence – Real possibility that cannot be discounted reference suggested importation of ‘pool’ finding into fact-finding process – Burden of proof not reversed by challenges to parents’ account.
Children arrangements – Allegations of abuse – Disclosure – Asylum records relating to mother’s successful claim – Pending asylum claim for child – Child’s best interests – Balancing exercise required – Procedure to be adopted – Strict limits on any non-disclosure – Disclosure to ‘persecutor’ – Confidentiality arguments.
Children arrangements – Relocation – International relocation – Welfare analysis – Proportionality evaluation – Requirements – Careful examination of parental wishes and interests – Holistic evaluation – To include impact on children of changed relationship with left-behind parent – Consideration of how relocation proposals would promote relationship with left-behind parent.