Court of Appeal Issues Guidance on Child Cases

April 17, 2014

Court of Appeal Issues Guidance on Child Cases

A recent decision of the Court of Appeal has emphasised the importance of the provision of good quality, relevant evidence in cases involving children.

The case concerned a council's decision to place two children up for adoption against their mother's wishes. In such cases, the stakes are high as the future of the child, as well as that of his or her family, is in point.

The Court also stressed that it is essential for the judge hearing the case to provide sufficient reasoning for his or her decision. This should include a comprehensive evaluation of the possible options and should take a 'global' evaluation of the child's welfare.

In refusing the mother's application to overturn the decision of the Family Court, the Court of Appeal set out detailed guidance for judges on the factors to take into account when making such decisions.