M, Re (Rev 4)

M, Re (Rev 4)

There are no solid grounds to re-open the findings of fact made by HHJ Dowse in 2007; the Scottish judgment, while detailed and of high quality, has no legal status in England and Wales and does not provide sufficient new evidence to justify revisiting the English findings. The differences in C1’s later interview are not unexpected given the passage of time and do not constitute new evidence. The Freeing Order should be revoked and replaced with a Care Order to ensure proper legal safeguards for C1 as she transitions to adulthood, but C1’s clear and consistent wishes to have no contact or information shared with her mother must be respected. Orders should be made to restrict future...

Parties
Applicant: M; 1st Respondent: L. A.; 2nd Respondent: F1; 3rd Respondent: F2; 4th Respondent: C1; 5th Respondent: C2
Jurisdiction
England and Wales
Judgment Date
16 July 2015
Procedural Posture
Family Law (care/adoption) Applications / Judgment on Applications to Discharge Care Order, Freeing Order, and for Contact; Determination of Whether to Re Open Findings of Fact
Outcome
Application to re-open findings of fact refused; Freeing Order revoked; Care Order substituted; orders restricting contact and future applications granted.
Legal Topics
Discharge of Care Order, Discharge of Freeing Order, Contact With Child in Care, Re Opening Findings of Fact, Recognition of Scottish Judgments, Parental Responsibility, Welfare of the Child
Family Law Child Protection Adoption Law Discharge of Care Order Discharge of Freeing Order Contact With Child in Care Re Opening Findings of Fact Recognition of Scottish Judgments +2 more

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Parties

M

Applicant

L. A.

1st Respondent

F1

2nd Respondent

F2

3rd Respondent

C1

4th Respondent

C2

5th Respondent

Procedural Posture

Family Law (care/adoption) Applications / Judgment on Applications to Discharge Care Order, Freeing Order, and for Contact; Determination of Whether to Re Open Findings of Fact

Legal Issues

  1. 1 Whether the findings of fact made by HHJ Dowse in 2007 should be re-opened in light of the Scottish judgment and new evidence
  2. 2 Whether the Scottish judgment has legal status or weight in England and Wales
  3. 3 Whether the Freeing Order in respect of C1 should be revoked and replaced with a Care Order

Ratio Decidendi

There are no solid grounds to re-open the findings of fact made by HHJ Dowse in 2007; the Scottish judgment, while detailed and of high quality, has no legal status in England and Wales and does not provide sufficient new evidence to justify revisiting the English findings. The differences in C1’s later interview are not unexpected given the passage of time and do not constitute new evidence. The Freeing Order should be revoked and replaced with a Care Order to ensure proper legal safeguards for C1 as she transitions to adulthood, but C1’s clear and consistent wishes to have no contact or information shared with her mother must be respected. Orders should be made to restrict future...

Court Disposition

Application to re-open findings of fact refused; Freeing Order revoked; Care Order substituted; orders restricting contact and future applications granted.

Orders

  • Application to re-open findings of fact refused
  • Freeing Order in respect of C1 revoked