LA v FM & Ors

LA v FM & Ors

The court found, on the balance of probabilities, that the mother was the victim of domestic violence by the father, that the father caused the fatal injuries to C and was responsible for A's injury, and that the mother failed to protect the children due to her denial of the risks. The threshold criteria for care and placement orders were met. However, given the strength of the mother's relationship with the children and the possibility of change, the court granted a short, time-limited opportunity for the mother to accept the findings and demonstrate change before making final orders.

Parties
Applicant: LA; 1st Respondent (mother): FM; 2nd Respondent (father): MA; 3rd Respondent (child, Through Guardian): A; 4th Respondent (child, Through Guardian): B
Jurisdiction
England and Wales
Judgment Date
27 September 2013
Procedural Posture
Care and Placement Proceedings (family) / Fact Finding and Welfare Determination
Outcome
Threshold criteria established; short adjournment granted for mother to consider findings and demonstrate change; final care and placement orders deferred.
Legal Topics
Domestic Violence, Non Accidental Injury, Care Orders, Placement Orders, Threshold Criteria, Failure to Protect, Adoption
Family Law Child Protection Domestic Violence Non Accidental Injury Care Orders Placement Orders Threshold Criteria Failure to Protect +1 more

Case Brief

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Parties

LA

Applicant

FM

1st Respondent (mother)

MA

2nd Respondent (father)

A

3rd Respondent (child, Through Guardian)

B

4th Respondent (child, Through Guardian)

Procedural Posture

Care and Placement Proceedings (family) / Fact Finding and Welfare Determination

Legal Issues

  1. 1 Whether threshold criteria under Children Act 1989 are met for care and placement orders
  2. 2 Whether the mother was a victim of domestic violence and failed to protect the children
  3. 3 Whether the father caused the fatal injuries to child C and the injury to child A

Ratio Decidendi

The court found, on the balance of probabilities, that the mother was the victim of domestic violence by the father, that the father caused the fatal injuries to C and was responsible for A's injury, and that the mother failed to protect the children due to her denial of the risks. The threshold criteria for care and placement orders were met. However, given the strength of the mother's relationship with the children and the possibility of change, the court granted a short, time-limited opportunity for the mother to accept the findings and demonstrate change before making final orders.

Court Disposition

Threshold criteria established; short adjournment granted for mother to consider findings and demonstrate change; final care and placement orders deferred.

Orders

  • Short adjournment (up to three weeks) for mother to accept findings and demonstrate change
  • Parallel planning for adoption to continue during adjournment