England and Wales Case Law

The Mother v The Local Authority & Ors

The risk of emotional harm to the children from notification and direct ascertainment of their wishes, while significant, is not sufficient to justify exclusion from participation in proceedings affecting their Article 8 rights. The children must be notified and their wishes and feelings obtained, with harm mitigated by a shared narrative and sensitive handling.

Source excerpt

• Care orders
• Children's rights
• Notification of proceedings
• Ascertainment of wishes and feelings
• Article 6 and 8 echr
• Un convention on the rights of the child

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G (Notification of Father with Parental Responsibility), Re

G (Notification of Father with Parental Responsibility), Re [2024] EWFC 173 (28 February 2024)

The court refused to dispense with service on a father with parental responsibility, finding the exclusion threshold was not met, but limited disclosure to him.

• Parental responsibility
• Dispensation with service
• Party status
• Notification of proceedings
• Domestic abuse
• Sexual abuse allegations

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X and Y (Children)

The court removed a father from care-related proceedings, restricted disclosure, and relieved the local authority from consulting or notifying him, due to serious abuse and risk to the children.

• Care orders
• Placement orders
• Parental responsibility
• Disclosure
• Article 6 echr
• Article 8 echr

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AB, Re Notification of Statutory Will Application

AB, Re Notification of Statutory Will Application [2013] EWCOP B39 (11 September 2013)

Court of Protection refused to dispense with service of a statutory will application, but ordered notification with redaction of location details.

• Statutory wills
• Dispensing with service
• Notification of proceedings
• Testamentary capacity
• Human rights in court of protection
• Intestacy

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