Category Archives: Her Majesty’s Court Services (HMCS)

Private (Criminal) Prosecution as a LIP

Private (Criminal) Prosecution | Parent’s Rights Blog

How do I initiate a private criminal prosecution without a solicitor or the police?

Click here to read article directly from Towards Change – Parent’s Rights Blog

Don’t Fuck Up Your Children

Image of LJ Wall
Lord Justice Wall to Retire December 2012

In one of the sternest judicial warnings to warring parents I have come across, Lord Justice Wall (left) quoted from Philip Larkin in the case of R (A Child), Re [2009] EWCA Civ 358 yesterday. The case involved a highly acrimonious residence application, part of a dispute between the parents that had been on-going since they separated in 2003. Judge Everall QC at Luton County Court had found that it was no longer possible for the parents and the child to work together, and so made a residence order in favour of the paternal grandparents. The mother’s appeal against that order was granted but Lord Justice Wall in the Court of Appeal gave a warning to the parents of the serious harm that their actions were causing to their child. “I hope this case has given the mother a fright. I hope it has also given the father a fright.” He said. “They have come within a whisker of losing their child.” In a postscript to his judgment he then quoted from Larkin’s poem This Be The Verse:

They fuck you up, your mum and dad.

They may not mean to, but they do.

They fill you with the faults they had

And add some extra, just for you.

These four lines” he said “seem to me to give a clear warning to parents who, post separation, continue to fight the battles of the past, and show each other no respect.”

Let us hope that more parents heed the warning.

Posted by John Bolch at 11:56 AM

Retirement of the President of the Family Division and Head of Family Justice for England and Wales

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Retirement of the President of the Family Division and Head of Family Justice for England and Wales
Friday, 28 September 2012

Sir Nicholas Wall will retire as the President of the Family Division and Head of Family Justice for England and Wales on 1 December 2012 on grounds of ill health.
Notes to editors

Sir Nicholas (Peter Rathbone) Wall (67) was called to the Bar (G) in 1969. He took silk in 1988 and became a Bencher in 1993. He was appointed an Assistant Recorder in 1988 and a Recorder in 1990. He was appointed a High Court Judge (Family Division) in 1993 and to the Court of Appeal and Privy Council in 2004.
He was a Judge of the Employment Appeal Tribunal from 2001 to 2003; a Judge of the Administrative Court from 2003 to 2004. He was a member of the Lord Chancellor’s Advisory Board on Family Law, 1997 to 2001 (Chairman of the Children Act Sub-Committee, 1998 to 2001). Sir Nicholas was appointed as the President of the Family Division and Head of Family Justice for England and Wales on 13 April 2010.

(to view this article directly from it’s source, please click the hyper-link below)

ADOPTIONS (from care) Rise by 12%

Family Law Weekly > Home > News

Children adopted from care numbers rise by 12% in the last year

BAAF calls for focus on increasing the number of placements from care

Latest figures released by the Department for Education show that there were 67,050 looked after children at 31 March 2012, an increase of 2 per cent compared to 31 March 2011 and an increase of 13 per cent compared to 31 March 2008.

There were 28,220 children who started to be looked after during the year ending 31 March 2012.

This represents an increase of 3 per cent from the previous year’s figure of 27,500 and an increase of 21 per cent from 2008. There were 27,350 children who ceased to be looked after during the year ending 31 March 2012. This is a small increase of 1 per cent from 2011 and an increase of 12 per cent from 2008.

There were 3,450 looked after children adopted during the year ending 31 March 2012. This was the highest figure since 2007 and an increase of 12 per cent from the 2011 figure.

Of children looked after at 31 March 2012, 50,260 were cared for in a foster placement. This represents 75 per cent of all children looked after at 31 March 2012.

The statistical release can be read here.

Edward Timpson, Minister for Children and Families, said:

“The rise in the number of adoptions and adoption placement orders is extremely welcome, but it still takes too long for those who want to adopt and foster to be approved. The time it takes for a child in care to be adopted can be a significant period in that child’s life.

“I know from my own family that parents who adopt and foster bring stability to young lives. That is why we are overhauling adoption, but I know that our reforms will take time to make a full impact.

“So we are looking at measures to encourage councils to make use of adopters in other parts of the country. We will shorten the approval process and fast track those who are already foster carers.

“Taken together I hope these reforms will, over time, encourage more people to come forward and volunteer to adopt children. I want more young children to have a settled start in life with a loving family.

“That way, they can make a profound and lasting impact on young lives.”

The British Association for Adoption & Fostering (BAAF) is pleased to see that the number of children adopted from care in the year April 2011-Mar 2012 increased by 12%.

BAAF says that the headline statistic of 3,450 children adopted from care measures the number of children who were the subject of an Adoption Order by a court during the year in question. Typically the court will make an Order some 9 months after a child first goes to live with their new adoptive family. As such the statistic measures the very end of the adoption process and is not the best indicator of current adoption practice.

To get a better sense of what is happening in adoption, BAAF believes that there is a need to focus on the statistic of the number of children placed for adoption during the year. That statistic shows a very slight decrease in the numbers of children placed for adoption during the year from 2,710 in 2010/11 to 2,680 in 2011/12. From experience BAAF thinks this means that the significant increase seen in numbers adopted will be sustained next year but is unlikely to increase further.

BAAF says:

“Our focus now has to be on increasing the number of children placed for adoption. We know that currently there are at least 2,000 children in foster care with a plan for adoption who are not in an adoptive placement. This is in large part because of a chronic shortage of adopters for particular groups of children e.g. children in sibling groups, older children, children with disabilities, etc. If we could find adopters for those children who are waiting we would see further substantial increases in adoption over the next few years and this could only increase the impact of the Government’s welcome adoption reform programme.

“The latest statistics provide an encouraging base on which to build. To make further progress, we need to see a concerted whole system focus on increasing adopter recruitment, speeding up court processes, improving the adopter assessment process and ensuring adoption support. We know that adoption works and we owe it to every child who has a plan for adoption to realise that plan for them without delay. BAAF looks forward to continuing to do everything it can to help the Government’s adoption reform programme to succeed.”

BAAF also notes the very significant year on year increase in the numbers of children who were the subject of Special Guardianship Orders – a 20% increase in a single year. This figure does need to be seen in the context of the increase in adoptions and shows that the number of children achieving permanence through these different routes increased substantially year on year.

Court Shocked as 3 LJ’s PERVERT JUSTICE!


Social services are child abusers

After the injustice I recently experienced, I wanted to witness another case for myself, to see if others received the same treatment. I was shocked.

Every time I have sat in the court waiting room I hear the same story from other parents; Social Services reports are factually incorrect and yes you guessed it, favoured Social Services not the parents.

This case was a little different.

A parent had a string of bad luck.  She was involved, as a passenger, in a road traffic collision while pregnant. During her pregnancy she was hospitalized for most of the last 6 months. Two independent social workers cleared the need for further involvement by the Local Authority as [both] pre-birth assessments concluded there were no concerns with the Mother’s ability to parent her child (one due to prior domestic violence and the other due to false allegations (unbeknown to her) being fed to…

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PD (Forms) A58, A60, A61

Practice Direction – Forms A58, A60 AND A61

This Practice Direction amends the Practice Direction supplementing Part 4, Rule 17 of the Family Procedure (Adoption) Rules 2005

1. This Practice Direction is made by the President of the Family Division under the powers delegated to him by the Lord Chief Justice under Schedule 2, Part 1, paragraph 2(2) of the Constitutional Reform Act 2005, and is approved by the Lord Chancellor.

2. The amendments will come into force on 1st September 2009.

3. In the Practice Direction supplementing Part 4, rule 17 of the Family Procedure (Adoption Rules) 2005, substitute the forms set out in the Annex to this Practice Direction for Forms A58 (Application for an adoption order), A60 (Application for an adoption order (foreign element)) and A61 (Application for an order under section 84 (parental responsibility prior to adoption abroad).

EDITOR’S NOTE: The forms are available on the Judiciary website here.

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Child Adoption | Important Information which we all Need-to-Know

If you want to adopt a child of your own you aren’t the only one; there are thousands of adoptions that happen every single year. Yet this is not something you can do quickly or casually, as it involves quite a bit of time and often a considerable cost. As you gather facts about the adoption process, you have to ask yourself if this is something you’re really ready for. We are going to explore some things about the adoption process in this article but it is important that you check our information against the laws and regulations in your own area.

to view this article and continue reading from the author’s blog, click the following hyperlink: Otherwise, scroll down and continue reading below on “Bringing Home Baby

In lots of the states in the US, to use one example, the child you want to adopt must spend a certain amount of time (typically six months or so) living with you before the adoption can be finalized. If everything goes according to plan during this time, though, it serves as little more than a formality and you should be able to adopt with no problems. It is important to become well versed in your local laws before you start the process of adoption so that you don’t become unpleasantly surprised later on. You can talk to an adoption lawyer or you can do your own research into your local adoption laws and if you don’t understand something you can always ask the adoption agency with whom you will be working. Adopting a child from a foster home is one of your options, and this has its advantages as well as its challenges. There are often children with special needs living in temporary homes and they could have any sort of emotional, mental or physical disabilities. Homes like these usually house older children–very few infants–and they have age ranges from toddler-hood to late adolescence. There are often adoption subsidies available for parents who adopt such children, which helps to offset the costs of the process. Before you make the final decision to adopt a child from a foster home you need to prepare yourself for how difficult the situation can be and it can be incredibly difficult. You’ll have to have the time, patience and motivation to help a child who has most likely had a very difficult life up till this point.

Many prospective parents quickly figure out that consulting with a qualified adoption lawyer is the best starting point for the process of adoption. It is a good idea to work with a local adoption attorney because adoptions laws vary from place to place and your attorney can help you sort everything out. Your attorney keeps your personal interests protected and helps keep you from being taken in by one of the hundreds of scams that, unfortunately, riddle the playing field of adoption. No matter whether you’re adopting directly from a birth mother or trying to adopt by way of an agency, your lawyer is going to help you ensure that all of your actions are legitimate and legal. Before you actually hire someone, check out the experience and credentials of each lawyer you are hoping to work with.

So many people are afraid that the adoption process is impossibly difficult and complex but most people get through it and go on to become new parents. You simply need to be ready to commit yourself to some time and money. You should start out by deciding what kind of child you want to adopt and then start taking the necessary steps to get the ball rolling.

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Care Proceedings Advice

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