There was a lot of publicity last October about a birth family who had their child (x) removed due to findings in a family court that they were responsible for multiple injuries. The child was subsequently adopted. The birth parents were then aquitted in the law courts of abuse and it created a stir with lots of debate on both sides about what should happen to child x.
The couple applied successfully for the right to reopen the family court fact finding with a view to overturning the adoption.
The president of the family courts has just published the most recent hearing - both birth parents have withdrawn from their request for a hearing on the basis of wanting closure and movingly that they believe a move for x now would be hugely detrimental.
However, the local authority and guardian have asked that the hearing continues to hear the new medical evidence gathered (some used in the criminal court, some not). The solicitors have described the parents withdrawing as a cynical move to dodge compelling evidence that shows they were responsible and are using the higher burden of proof in the criminal court to drive a media focused narrative of total innocence. The family courts look at most probable causes and the key authorities still clearly believe their culpability will be proven through a new hearing.
The judge has agreed to progress with the guardian answering evidence on behalf of the absent parents. The adopters support this and believe x has the right to know what happened to them regardless of whether the criminal courts failed to make the case.
I think the judge has made the only decision he could do in the circumstances. Without a fresh fact finding, the dominant narrative becomes the media led one that the birth family have created and could be hugely damaging to x longer-term. Regardless of the birth families withdraw ing, the stakes remain high for them in that future children could be removed based on the original fact finding. I've linked the most recent judgement but not the original press articles as I don't know what anonymity has been decided on. The story created high feelings here though so I'm sure many remember this one.
It does worry me that we often respond to stories in the media with a "fix this injustice immediately" when later reviews may offer a very different view on things (see Ellis butler also). There were many posters here who were demanding the immediate return of the child in order to be fair which would be hugely difficult for the child regardless of guilt and was inevitably discussed by Denise Roberts and online petitions created. It does seem to have taken a long time to reach this stage and that can't be in anyone's best interest. It will be interesting to see if any mainstream media pick up the story too.
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44 replies
comehomemax · 02/11/2016 18:06
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