Monday, 20 June 2016

Case should be reheard after couple has been acquitted

"A family court judge has ordered the fact-finding hearing of a case where parents had their child adopted be reheard after the couple were acquitted of criminal charges of causing injuries to their child."

"The chief of the family courts, Sir James Munby, ruled that a new fact-finding hearing was necessary for the parents of a child, referred to as X, who was born in 2012, and has been living with his adoptive parents since 2014."

"The unnamed local authority had concerns after a series of injuries on X were identified, and a judge found the case against the parents proved. The judge later refused the birth parents leave to oppose the adoption, and made an adoption order in 2015."

No case to answer

"However, at a subsequent criminal trial, “the expert evidence had expanded both in volume and, very significantly, in its ambit, but at the date of the hearing before the judge in the family court this new evidence was not to hand”."

"Prosecution against the parents was later abandoned, and they were acquitted “on the basis that there was no case to answer”."

"The birth parents then launched an appeal against the original fact-finding decision in care proceedings. The appeal was supported by the child’s guardian and the adopted parents. However, the adoptive parents said they would oppose any application to undo the adoption order..."

The rehearing will happen in October 2016.


It`s always a good idea not to jump to conclusions about what may happen to a family in the future; especially before all the evidence of what happened in the past has been tested in court.

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