Tuesday, October 18, 2016

'Child X' UK; Bulletin: Parents challenge adoption after acquittal on charges that they had physically abused their child........."In a case that President of the Family Division Sir James Munby described as “exceedingly unhappy” and “most unusual” the child, ‘X’, was removed from the couple’s care shortly after being born. The initial care proceedings were launched after X was found to have several injuries. These led the local authority to believe that the parents had abused X. The child was then placed with a new family. In the meantime, the biological parents faced criminal abuse charges. However, they were acquitted after expert evidence caused the prosecution to abandon their case. Unfortunately for the parents, their child had been adopted by the time they were cleared of the charges against them." (Link to decision provided); Marilyn Stowe Blog


"A couple seeks to challenge the adoption of their child after they were acquitted at a criminal trial. In a case that President of the Family Division Sir James Munby described as “exceedingly unhappy” and “most unusual” the child, X’, was removed from the couple’s care shortly after being born. The initial care proceedings were launched after X was found to have several injuries. These led the local authority to believe that the parents had abused X. The child was then placed with a new family. In the meantime, the biological parents faced criminal abuse charges. However, they were acquitted after expert evidence caused the prosecution to abandon their case. Unfortunately for the parents, their child had been adopted by the time they were cleared of the charges against them. As Sir James Munby explained in his judgment, the effect of this was “as a matter of law, to terminate the birth parents’ rights and to make the adoptive parents X’s parents for all purposes” The parents believe they are “the victims of a miscarriage of justice”. They want their names to be cleared in the family courts as well “both so that they may be vindicated and also so that there is no risk of the judge’s findings being held against them in future”...Read Re X (A Child) in full here."
http://www.marilynstowe.co.uk/2016/10/17/parents-challenge-adoption-after-acquittal/

See Braintree and Witham Times story at the link below: A couple are preparing for the latest stage of a legal fight to regain care of their child after being cleared of abuse at a criminal trial. The man and woman say they have been victims of a miscarriage of justice because their child has been adopted when they have not been convicted of any offence. One of the UK's leading judges is due to re-examine their case at a private hearing in the Family Division of the High Court in London this week. Sir James Munby, the most senior family court judge in England and Wales, is expected to analyse evidence from medical experts and social workers at a hearing starting on Monday......... Local authority social services staff raised concerns shortly after the child was born, Sir James said. Social workers said the child had suffered "various injuries". In early 2013 a family court judge had made a number of findings against the couple - after hearing evidence from three medical experts and the child's parents. Later that year a judge ruled that the child should be taken from the care of his parents and placed for adoption. In 2014 the child was placed with prospective adoptive parents - and in 2015 they adopted the child after a judge made an adoption order. Sir James said criminal proceedings had also started, and the couple had been accused of harming the child and prosecuted. A criminal trial had begun in 2015 - but prosecutors abandoned the prosecution after expert evidence was given to the jury. The couple were acquitted - on the direction of the trial judge - on the basis that there was no case to answer. They are now challenging the findings made by the family court judge in 2013. Sir James is expected to be given all available medical evidence relating to any injuries the child suffered before ruling whether the 2013 findings should be overturned. The judge is also expected to hear evidence from the couple and adoptive parents. He said the couple had made it clear that if they succeeded in overturning the 2013 findings they would seek a revocation of the adoption order and try to regain care of their child."..." "This matter arises in exceedingly unhappy but, I should like to think, most unusual circumstances," Sir James said in his preliminary June ruling. "The case put forward by the birth parents is simple and compelling. They have been, they say ... the victims of a miscarriage of justice." He had added: "It is appropriate to proceed to a full re-hearing of the original allegations made in the care proceedings. Nothing short of a full re-hearing will suffice."
http://www.braintreeandwithamtimes.co.uk/news/national/14804707.Court_fight_as_couple_cleared_of_abuse_aim_to_get_child_back/