Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
Against the wishes of the local authority and other welfare specialists, the child’s father was seeking custody, despite previously living apart from the mother and the child.
The Court had before it an application for a placement order, an order which permits a local authority to place a child for adoption. Our solicitors represented the child.
The Judge, Mr Justice Keehan decided that although the father expressed his love for the child, he failed to demonstrate an understanding of her emotional needs after such a heart breaking loss and instead ruled the youngster should be adopted by her maternal aunt and uncle in the US.
Jas Tamber, children law solicitor commented: "This was a particularly interesting case from a legal perspective due to the guidance flowing from recent decisions made by both the Supreme Court and the Court of Appeal as to when they should exercise this most draconian of orders.
"Adoption has the effect of severing the legal link between a child and their natural family although in this case, it was a natural family member who had put themselves forward as a carer for the child.
"In all circumstances, if this family member had been resident in this country, the Court would have been unlikely to permit an application for a placement order to succeed. The family member in this case however resides in the USA and their immigration policy requires a child to be adopted by the family seeking their entry.
"This case demonstrates firmly that the Court will always have the interests of the child at the forefront of its mind when making decisions that will affect them for their entire life."
The judgement is available here.
This story was covered in Metro and the Times on 5 February 2014 and other media publications.
Here at Anthony Collins Solicitors, we have been hard at work advising a charity client, BICMP, on its new music project, ‘Resonance’.
Currently, the only ground for divorce is irretrievable break down of a marriage. Following a consultation, the Government has announced its intention to reform the legal requirements for divorce.
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The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
Following a power outage at Anthony Collins Solicitors’ (ACS) Birmingham office, our employees and partners currently have limited functionality, including no access to emails.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
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