At the heart of this news story is obviously the death of a very young child, and that is horrendous.
However, I wanted to ask for thoughts on another issue it raised for me - the balancing act that the family courts versus criminal courts invariably raises. In this instance, all physical evidence has been lost or destroyed meaning a criminal "beyond reasonable doubt" verdict as highly unachievable. The family court however, found that on their required level of proof that it was more likely than not that the father committed a heinous crime and was responsible for his daughters death.
The threads, News sites etc are obviously filled with people discussing this and they are pretty unanimously incensed at what's happened. I doubt anyone would advocate that the father regains parental rights over the remaining children. However that's an argument we frequently face when there is no actual child/death at its centre. The anti "forced adoption" position is that no parent should lose their child unless found guilty in a criminal court. They also frequently advocate removing the difference in burdens of proof and making the family court either obsolete or to meet the standards of "beyond reasonable doubt". In this instance, under those positions, the father would continue to parent the children until a conviction proved otherwise. Only a few months ago, in the recent case of the adoption potential miscarriage of justice, posters here on mn lined up to denounce that society could and did remove and adopt a child, without any crime being proven in a criminal court of law. The majority feeling was that the child should be in care until a criminal case concluded then the family court should sit and make their decision. Clearly, applied to this case, that would again result in the children being returned to the father.
Will we ever be able to have reasonable, responsible public debate about our child protection system when public opinion can swing so wildly based on individual cases? Can we ever remove the emotions out of dive hugely upsetting cases at both ends of the spectrum? How do we agree on a system when the very nature of these things is fallibility and the opportunity for mistakes to happen?
Sorry, depressing one to start the day!
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Poppi Worthington judgement - the balancing act of our family courts
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thefamilyvonstrop · 20/01/2016 08:52
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