fbpx

Mother Not Responsible for Toddler's Shocking Injuries – Family Court Ruling

10th August 2023 By

It is every parent’s worst nightmare to be accused of injuring their child. However, as a Family Court ruling showed, such allegations are subject to intense judicial scrutiny, which in some cases results in complete exoneration.

An autistic toddler was taken to hospital with severe multiple bruises to her face and back, together with scratches and blood spots on her eyeballs. Concerns were raised that the injuries were non-accidental and, at a local authority’s behest, emergency protection and interim care orders were made. She was removed from her mother’s care and sent to live with her great-grandparents.

At a fact-finding hearing, the mother described the girl as a baby in a toddler’s body. Although a very loving child, she was hyperactive and quite angry at times. Showing no fear, she tended to bite and scratch herself and throw herself around. She often banged her head, pulled out her hair and poked herself in the eye.

Having viewed shocking photographs of the child’s injuries, the Court noted that its initial view was that someone must have caused them. After hearing evidence from family members, social workers and medical experts, however, it noted that life is sometimes stranger than fiction. The Court concluded that it was an exceptionally rare case in which all of the child’s injuries were self-inflicted.

The Court acknowledged that the proceedings and separation from her daughter had been a nightmare experience for the mother. However, the child’s injuries demanded an investigation and the local authority had acted entirely properly. The Court paid tribute to the great-grandparents, who, by giving the girl a home, had saved her from being taken into care.

Source: Concious

Latest News

Challenge to Will's Validity Rejected by High Court

12th April, 2024 By

The best way to ensure your assets will be distributed as you wish is to have your will professionally drafted by a qualified solicitor. In a recent case, a challenge to the validity of an elderly man's will was dismissed by the High Court. The man had previously made a will in 2011, leaving most of his estate equally to his three children. In 2018, by which time one of his sons had predeceased him, he made a further will, leaving the residue of his estate to his other son...

Defiance of Family Court Orders Will Always End Badly

10th April, 2024 By

Custodial sentences very rarely come into play in the family courts. Where there have been repeated breaches of court orders, however, judges may have little choice but to clamp down. This was illustrated in the High Court during committal proceedings that stemmed from a child custody dispute. The background to the case involved contested proceedings between the father and mother of a young child. These concluded with a court order establishing that the child – a daughter – would live with the mother. Three months later the daughter travelled with...

Claim for SDLT Relief on Annex Unsuccessful

8th April, 2024 By

When buying a property consisting of more than one residence, it may be possible to claim multiple dwellings relief (MDR) against Stamp Duty Land Tax (SDLT). However, there are certain conditions that must be met for an MDR claim to succeed, as a recent case illustrates. A property was purchased for £1.8 million. Prior to the purchase, the buyer had agreed with the seller that he would be allowed to carry out works to construct a self-contained annex at the property. The buyer's SDLT return included a claim for MDR...

Divorce – Alleged Bigamy Raised in Financial Remedies Dispute

5th April, 2024 By

The issue of bigamy and its potential impact on a person's ability to seek financial remedies in a divorce came under the legal spotlight recently. A husband made an application to strike out his wife's financial remedies claim on the basis that she had committed bigamy and deceived him into a marriage when she knew she was not free to marry. This deceit, he claimed, was so egregious that, as a matter of public policy, she should be debarred from pursuing any claim for financial remedies against him. The husband based...