fbpx

Parents Who Simply Cannot Cope Don't Deserve Condemnation

8th January 2021 By

Through no fault of their own, some parents are simply incapable of providing the care and stability that all children need whilst growing up. As one case showed, however, the approach of family judges is not to condemn but to seek solutions that enable children to continue living in the bosom of their families.

The case concerned two children, aged four and five, whose mother suffered mental health difficulties, in part due to her own unhappy childhood. Unable to cope, she tended to smack and shout at them. They suffered bumps and bruises because she did not keep a proper eye on them. The state of the family home was very poor and the children were sometimes dirty and not dressed properly.

After social workers intervened, the mother sensibly recognised how bad things had become and accepted that she could not be the children’s primary carer. They went to live with their aunt and uncle, who provided them with a wonderful home. The local authority applied to the Family Court for special guardianship orders which would regularise that arrangement.

In ruling on the matter, the Court’s primary consideration was the children’s welfare. They were entitled to respect for their private and family lives and, although it was obvious that they could not return to live with their mother, their aunt and uncle had transformed their own lives in order to provide them with a stable home, within their natural family, where they were thriving.

Granting the orders sought, the Court noted that the couple had encouraged regular contact between the children and their mother, who undoubtedly loved them and was doing her best to conquer her difficulties. Close contact between them and their older sibling, who was living with another family member, had also been maintained.

The special guardianship orders meant that the children would, throughout their childhood, remain settled with the aunt and uncle, who would have overriding parental responsibility for them.

Source: Concious

Latest News

Court Explores Alleged 'Grave Risk' in Child Abduction Case

28th March, 2024 By

Cross-jurisdictional disputes surrounding child custody can be complex but, in cutting through the complexities, the courts will always focus on the welfare of the children involved, as was evidenced in a High Court case centred on a child abduction. A father wrongfully removed his 5-year-old child from Lithuania during an agreed contact session and took him back to the UK. Prior to this abduction, a series of contested proceedings related to the child's custody had already taken place in the Lithuanian courts. The father had applied to have the child returned...

Tenant Succeeds in Reducing Service Charges

26th March, 2024 By

A case recently decided by the First-tier Tribunal (FTT) serves as a reminder to tenants to check the terms of their leases and to monitor the service charges they are asked to pay. The tenant of a ground-floor flat sought a determination of liability to pay service charges under Section 27A of the Landlord and Tenant Act 1985, in respect of the 2017-2022 service charge years. He challenged various charges, on grounds that they was no evidence that they had been incurred or that they had not reasonably been incurred. Although...

Risk Passing on Exchange of Contracts

20th March, 2024 By Arman Khosravi

Risk Passing on Exchange of Contracts   Between Exchange and Completion (where the property is freehold):- It is generally the responsibility of the seller to take care of the property and to keep it insured against damage. The buyer also has a responsibility to insure the property from the exchange of contracts because of “Risk Passing”. There is no obligation on the seller to maintain buildings insurance once exchange has taken place.  It is therefore very important that buildings insurance for the property is in place before you proceed to exchange...

Court of Appeal Overturns Will Dispute Ruling

20th March, 2024 By

Unfortunately, will disputes can sometimes be drawn out long after the passing of the person who bequeathed their assets. This was so in a contentious probate battle which progressed to the Court of Appeal after a High Court judgment was challenged. The crux of the matter was a 2015 will made by a woman prior to her death at the age of 85. In that will, the woman bequeathed her home – her largest asset – to her only daughter. The daughter and the woman's three sons were to share...