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Family Law

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08 NOV 2012

CARE PROCEEDINGS: Re N (Care Proceedings: Adoption)

(Court of Appeal, Hallett, McFarlane LJJ, 31 October 2012)

During care proceedings the judge made an order that the children be placed for adoption after accepting the submissions of the guardian and hearing evidence of the mother's ability to parent. She heard no submissions from the parents and refused permission for extra evidence to be filed after the hearing. The mother appealed and claimed a breach of her rights under Art 6 of the European Convention.

In granting such a Draconian order the judge had acted over robustly and gone beyond what was permissible. Appeal allowed; order set aside. The matter would be remitted for rehearing.

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