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Family Law

The leading authority on all aspects of family law

08 FEB 2008

CARE PROCEEDINGS: Re K (Care Proceedings: Best Evidence) [2008] EWHC 191 (Fam)

(Family Division; Sumner J; 8 February 2008)

Parents faced with the prospect of a court holding them to blame for serious injuries to their child, which they denied but for which they offered as explanation only an unidentified medical condition, would inevitably seek every possible test. In the instant case it was not possible to ignore the unanimous advice from the expert witnesses that a further blood sample be taken. If the tests showed no disorder, that fact might assist the parents in facing up to that situation. It was in the children's best interests to allow further testing even though this involved adjourning the hearing; this testing had the potential to help the outcome of the case, both in respect of fact-finding and of the placement hearing.

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