Not exact matches
This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to
make such a response at all; • (f) the date on which a party to
care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725,
care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the
court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the
care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725,
care proceedings; • (g) the mere fact that a party is
ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former
order; • (h) it [is not] a ground for an application to extend the time for compliance with an
order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is
made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(
Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725,
Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].
• (a) and (b) do not directly relate to the parent's statement; • (c) a legal practitioner is entitled to advise a client of (i) the provisions and import of s 98 of the 1989 Act and (ii) the ability of the police and / or a co-accused to
make application for disclosure into the criminal proceedings of statements, reports and documents filed in the
care proceedings; • (d) it is wholly inappropriate and potentially a contempt of
court, however, for a legal practitioner to advise a client not to comply with an
order made in
care proceedings; • (e) it is wholly inappropriate and potentially a contempt of
court for a legal practitioner to advise a client not to give a full, accurate and comprehensive response to the findings of fact sought
by a local authority in the threshold criteria document.
6: - This also happens to UK citizens visiting other EU countries where they give birth but are subsequently pursued
by the British authorities who
make care orders after the departure and persuade the foreign
court to allow them to take the baby to the UK for forced adoption.
The second is that where the
court makes an express
order requiring the parent with
care to comply with contact arrangements, and that
order is breached, then, in the interests of consistency, the judge must support the
order by considering enforcement, either under the enforcement provisions in section 11J of the 1989 Child Act or
by contempt proceedings.
The proceedings concerned the lawfulness of the increase in
court fees for public law child
care applications and placement
order applications (referred to compendiously as public law family proceedings)
made by the
orders.
The increase in
court fees for public law child
care applications and placement
order applications made by the Family Proceedings Fees Order 2008, (SI 2008/1054) and the Magistrates» Courts Fees Order 2008 (SI 2008/1052)(the orders) is not unla
order applications
made by the Family Proceedings Fees
Order 2008, (SI 2008/1054) and the Magistrates» Courts Fees Order 2008 (SI 2008/1052)(the orders) is not unla
Order 2008, (SI 2008/1054) and the Magistrates»
Courts Fees
Order 2008 (SI 2008/1052)(the orders) is not unla
Order 2008 (SI 2008/1052)(the
orders) is not unlawful.
During the application for a
care order the
court may decide that a
care order is not necessary or appropriate, but that the child should be visited regularly
by Tusla, and a supervision
order may be
made.
It includes records of all child protection contacts with FACS, including information about whether a child has: (1) been assessed
by a child protection caseworker as being at actual harm / risk of harm; (2) had a legal decision
made in relation to them (eg,
court orders); (3) been placed in out - of - home
care (including type of
care and number of placements); (4) been referred to and participated in a FACS early intervention programme (eg, Brighter Futures).
An interim
care order (ICO) is a temporary
order made by the
court which says that the child should be looked after in the
care system for a temporary period.