Court Rules Boy To Stay With Killer’s Father

A case where the judge ruled that a child should live with his paternal grandparents, even though his father was found guilty of killing his mother shows that the welfare of the child is of primary importance.

Despite attempts by the victim’s family to have their grandson sent abroad with them, the judge decided that in this case it was better that he lived with the paternal grandparents. It was successfully argued that the six-year-old boy had a closer relationship with his UK-based parents than his maternal grandparents several thousand miles away in China.

The boy was said to be deeply traumatised by the murder of his mother and the upheaval of having to go and live in China and learn to speak Chinese as well as spend the rest of his life with people he had only met once in his life was viewed as not in the child’s best interests.

Research from past cases has shown that children tend to do better when they are brought up by their maternal grandparents in such cases, however the judge acknowledged that in the case the family fully accepted the guilt of his father and did not place any responsibility on the mother for what happened.

Categories: Child Benefits, Child Law

Mother faces committal proceedings after defying two court orders and running away with son

The case of Rebecca Minnock, a mother who went missing with her three-year-old son Ethan, has been the subject of great publicity over the past few weeks. On 27th May, a district judge ordered that Ethan should live with his father, Roger Williams after finding that Miss Minnock had exposed her son to emotional harm and obstructed contact between Mr Williams and his son. It has been reported that a child psychiatrist, a social worker and a guardian recommended that Ethan should live with his father and have supervised contact with his mother. Prior to this hearing Ethan had been spending four nights a week with his father and three with his mother. It was 27th May when Miss Minnock disappeared with Ethan.

Miss Minnock handed herself and her son in to the police on 12th June, after 17 days of living ‘on the run’ and contacted The Sun to inform them that her child is well but she has lost trust in the justice system.

His Honour Judge Wildblood QC lifted reporting restrictions around the case in an effort to find the mother and child. He has responded to Miss Minnock’s comments and stated that ‘it is important the public understands the seriousness with which the court approaches the task of ensuring, if at all possible, that both parents maintain an effective relationship with the child’.

Earlier this month Miss Minnock’s mother and her mother’s partner were jailed for withholding information about Ethan’s disappearance, both have since been released. Miss Minnock acted in complete disregard of an order of the court and will face committal proceedings later this week.

There was a directions hearing on Wednesday 24th June ahead of the full hearing on Friday 26th June and His Honour Judge Wildblood QC has said that both these hearings will be held in public at Bristol Magistrates’ Court.

Categories: Child Law, Family Law

Tension Between Immigration Law And Children In Need

Immigrant families who find themselves excluded from benefits as a result of the government clampdown on what they see as benefit tourists raises issues for local authorities in how they are supposed to treat children.

Research by COMPAS into families who are excluded from welfare benefits under the No Recourse to Public Funds (NRPF) rules has led to a direct collision with the basic requirement to promote the welfare of ‘children in need’.

Local authorities are the ones left to deal with families that often find themselves without food and shelter and end up living on the streets. The problem is likely to increase in line with the number of immigrants entering the UK. The number of families supported by local authorities went up 19% according to 2012/13 figures and cost a total of £28 million.

Local authorities have provided families with accommodation in B and Bs and the private rented sector so that basic needs can be provided. However the level of support families receive is said to be below that of refused asylum seekers.

23% of the families concerned had at least one child who were British citizens and the vast majority of families (63%) had overstayed their visas.

Categories: Child Law, Family Law

Tension Between Immigration Law And Children In Need

Immigrant families who find themselves excluded from benefits as a result of the government clampdown on what they see as benefit tourists raises issues for local authorities in how they are supposed to treat children.

Research by COMPAS into families who are excluded from welfare benefits under the No Recourse to Public Funds (NRPF) rules has led to a direct collision with the basic requirement to promote the welfare of ‘children in need’.

Local authorities are the ones left to deal with families that often find themselves without food and shelter and end up living on the streets. The problem is likely to increase in line with the number of immigrants entering the UK. The number of families supported by local authorities went up 19% according to 2012/13 figures and cost a total of £28 million.

Local authorities have provided families with accommodation in B and Bs and the private rented sector so that basic needs can be provided. However the level of support families receive is said to be below that of refused asylum seekers.

23% of the families concerned had at least one child who were British citizens and the vast majority of families (63%) had overstayed their visas.

Categories: Child Law

Court Rules Boy To Stay With Killer’s Father

A case where the judge ruled that a child should live with his paternal grandparents, even though his father was found guilty of killing his mother shows that the welfare of the child is of primary importance.

Despite attempts by the victim’s family to have their grandson sent abroad with them, the judge decided that in this case it was better that he lived with the paternal grandparents. It was successfully argued that the six-year-old boy had a closer relationship with his UK-based parents than his maternal grandparents several thousand miles away in China.

The boy was said to be deeply traumatised by the murder of his mother and the upheaval of having to go and live in China and learn to speak Chinese as well as spend the rest of his life with people he had only met once in his life was viewed as not in the child’s best interests.

Research from past cases has shown that children tend to do better when they are brought up by their maternal grandparents in such cases, however the judge acknowledged that in the case the family fully accepted the guilt of his father and did not place any responsibility on the mother for what happened.

Categories: Child Law, Family Law