Tags » Sir James Munby

Adoption and American immigration

I have been waiting since Re B-S for one of these cases to come up, and it finally has.

Where a family member is put forward to care for a child, and that family member lives in America, the net effect of American immigration law is that in order to be able to get the child into the country to live with that family member, you’d need an adoption order. 2,940 more words

Case Law

Challenging a consent order

It is not every day that you see the President of the Family Division have to consider whether a Practice Direction is, in part, ultra vires. 2,063 more words

Case Law

ISIS and children being taken to Syria

I have to say, even after years and years of doing child protection law, I never actually thought I’d see cases in Court where parents were trying to get their children to become terrorists and fight in a war. 286 more words

Case Law

Costs argument between Official Solicitor and Mail on Sunday

The Court of Appeal dealt with an appeal arising from a costs order made by the President in the Re G case.

The Re G case is an incredibly controversial one, which has now been before three High Court Judges and the Court of Appeal, and involves a Court of Protection application to protect the finances of a woman aged ninety four from carers who were urging her to change her will in their favour  OR a Local Authority dragging a ninety four year old into Court and trying to control her life and gag and silence her  (depending on which side of the controversy you stand). 1,058 more words

Case Law

Only just over the threshold

I am tending to think that there’s a repositioning of the threshold criteria going on at the moment. It is a little hard to call, since there’s always been the unspoken background that what constitutes threshold in Liverpool doesn’t necessarily be the same things that consitute threshold in Torquay. 2,181 more words

Case Law

Foolscap on the hill

Oh you are all going to LOVE this.

You know those lever arch files you have got in your office, that you put the Court papers in?  2,536 more words

Case Law

A tottering edifice built on inadequate foundations

The President’s decision in Re A (a child) 2015 in which the Court were asked to make a Care Order and Placement Order on a child who was not quite a year old, and refused to do so – even more significantly finding that the threshold criteria for making such orders were not made out, and castigating professionals for sloppy thinking and lack of rigour in their analysis of significant harm. 4,648 more words

Case Law