C-B (Children), Re [2002] EWCA Civ 585 (18 April 2002)

C-B (Children), Re [2002] EWCA Civ 585 (18 April 2002)

The unanimity of expert evidence and the lack of any dramatic change in circumstances since the original care orders justified the refusal to discharge the care orders and the granting of freeing orders for adoption; the trial judge's findings on credibility and expert worth were decisive and not open to appellate interference.

Citation
[2002] EWCA Civ 585
Parties
Appellant/mother: Miss J C; Father/respondent: T B
Jurisdiction
England and Wales
Judgment Date
18 April 2002
Procedural Posture
Child Care and Adoption Proceedings / Application for Permission to Appeal From County Court Judgment
Outcome
Application for permission to appeal refused
Legal Topics
Care Orders, Freeing Orders for Adoption, Parental Rights Under Human Rights Act, Expert Evidence in Child Welfare, Discharge of Care Orders
Family Law Child Protection Care Orders Freeing Orders for Adoption Parental Rights Under Human Rights Act Expert Evidence in Child Welfare Discharge of Care Orders

Case Brief

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Parties

Miss J C

Appellant/mother

T B

Father/respondent

Procedural Posture

Child Care and Adoption Proceedings / Application for Permission to Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the County Court erred in refusing to discharge care orders and in granting freeing orders for adoption of twins
  2. 2 Whether there was a sufficient change in circumstances to justify a reversal of the care/adoption plan
  3. 3 Whether the applicant's Article 8 rights under the Human Rights Act were breached

Ratio Decidendi

The unanimity of expert evidence and the lack of any dramatic change in circumstances since the original care orders justified the refusal to discharge the care orders and the granting of freeing orders for adoption; the trial judge's findings on credibility and expert worth were decisive and not open to appellate interference.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Detailed assessment of the applicant's Community Services Legal Funding