[2011] EWCA Civ 812
);(f)It is for the judge to ensure in each case that there is a fair determination of the claims of the parties and the issues in the case. The prospects of a grandparent taking over the child’s care must always be looked into carefully because it can be greatly to a child’s benefit to be kept within the family by such a placement. There are, however various levels of investigation into the possibilities which range from a full hearing with reports and oral evidence, to the other at which a careful but limited examination of the situation may disclose overwhelming reasons why care by a grandparent is obviously not an option; (g)S 10(9)(c) is directed at the risk to the child of disruption occasioned by the proposed application rather than the making of any order arising from it. Delay occasioned by or associated with the application is an obvious source of disruption and harm, and must properly be considered under this heading. 25.All the parties are agreed that I should consider the two applications, that is the local authority application for a declaration that it is not obliged to carry out an assessment of the paternal grandmother and her application for permission under s10(9), together. They are also all agreed the decisions are not governed by the paramountcy provision in either the CA or ACA.
- The Hon Mrs Justice Judd :
- Background
- The hearing
- Placement for adoption with consent
- Re H
- [2016] 4 WLR 40
- [2020] EWCA Civ
- Applications for leave to apply for orders under section 8 and/or 14A CA 1989
- [2012] EWCA Civ 737
- [2011] EWCA Civ 812
- H’s status
- The submissions of the parties
- TS and JJ v Norway; Case 15633/15
- A, B and C,
- Re JL and AO
- Re B,
