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Mother Loses Appeal Over Care Orders for Two of Her Children
A mother has lost her appeal against care orders for two of her children following allegations that she had been violent towards them.
Background of the Case
The mother had four children. In January 2020, one of them alleged that she had hit him with a belt. Two of the other children made similar allegations. The children were removed to foster care, with the older child being placed alone and the other two together. The local authority began care proceedings in April 2020.
Court Findings
The court found that the mother had assaulted each child on multiple occasions, and that the father had assaulted one child and threatened the other two. The children had witnessed violence between the mother and the father multiple times. A local authority report concluded that the children would be at risk of future emotional and physical harm and neglect, noting that the parents did not fully acknowledge the abuse and could not prioritize the children’s need for safety over their own interests. It recommended care orders for the children with restricted family contact.
Appeal and Outcome
The mother accepted that the oldest child should remain in foster care but sought the return of the two younger ones. The judge noted the mother’s lack of acceptance of the court’s findings and granted the care orders. The Court of Appeal upheld that decision, stating that the judge was entitled to consider the mother’s continued denial of violence as a relevant factor, raising the risk of repetition and contradicting the children’s serious accounts.
Court’s Conclusion
The judgment provided ample support for the conclusion that it would not be physically or emotionally safe for the children to return to their mother’s care until the issues had been sufficiently addressed.
For more information or advice on family law matters, readers are encouraged to contact the legal team at southgate solicitors at 02080040065or [email protected]. It’s important to note that the content of this article is general information and not legal advice, and readers should seek independent expert advice for their specific situations. Our experienced team at southgate solicitors is here to provide expert guidance and support.
Case References: Mother loses appeal over care orders for two of her children
ADA (Children: Care and Placement Orders), Re Court of Appeal (Civil Division) 29 June 2023 [2023] EWCA Civ 743 Peter Jackson LJ Newey LJ Baker LJ
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