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Of all the cases of excessive government intervention I've read about in recent years, the ones about families are almost always the most distressing. Obviousl

Of all the cases of excessive government intervention I've read about in recent years, the ones about families are almost always the most distressing. Obviously there are cases that really do involve serious abuse of someone who is not capable of protecting themselves, and intervention may be justified. However, the state in many of our western countries has an awful record of providing real, genuine care for those at a disadvantage, and it has an awful record of interfering without reasonable cause. I therefore believe the law should require an unusually high standard of evidence before permitting such actions. Mere reasonable suspicion that all is not perfect in the subjective view of some official is nowhere close to sufficient to justify things like removing a child from a parent's care or separating an elderly married couple who have lived happily together for 60 years, in my not so humble opinion, yet I have read far too many stories that are disturbingly close to that in recent times. At least it is reassuring that a very senior judge in the UK does seem to have recognised the problem and to be trying to do something about it.

DanBC 10y ago
The Family Courts have seen a near doubling of cases within the past ten years. https://www.judiciary.gov.uk/wp-content/uploads/2014/08/pfd-view-15-care-cases-looming-crisis.pdf https://www.judiciary.gov.uk/wp-content/uploads/2014/08/pfd-... 2005-6: 6613 cases 2014-15: 11159 cases > Mere reasonable suspicion that all is not perfect in the subjective view of some official is nowhere close to sufficient to justify things like removing a child from a parent's care or separating an elderly married couple who have lived happily together for 60 years, in my not so humble opinion, yet I have read far too many stories that are disturbingly close to that in recent times. Here's what Munby says: https://www.judiciary.gov.uk/wp-content/uploads/2014/08/pfd-view-14-care-cases.pdf https://www.judiciary.gov.uk/wp-content/uploads/2014/08/pfd-... > Given the realities, we must continue to look for new, innovative and better ways of handling these cases, while never departing from the fundamentals, namely that: > Care cases, with their potential for life‐long separation between children and their parents, are of unique gravity and importance > It is for the local authority to establish its case > Common‐law principles of fairness and justice demand, as do Articles 6 and 8 of the Convention, a process in which both the parents and the child can fully participate with the assistance of representation by skilled and experienced lawyers As an example of how seriously the Family courts take their duty of involving children, here's one decision written so that the children can understand most of it: http://www.bailii.org/ew/cases/EWFC/HCJ/2016/9.html http://www.bailii.org/ew/cases/EWFC/HCJ/2016/9.html

DanBC 10y ago

The Family Courts have seen a near doubling of cases within the past ten years. https://www.judiciary.gov.uk/wp-content/uploads/2014/08/pfd-view-15-care-cases-looming-crisis.pdf https://www.judiciary.gov.uk/wp-content/uploads/2014/08/pfd-... 2005-6: 6613 cases 2014-15: 11159 cases > Mere reasonable suspicion that all is not perfect in the subjective view of some official is nowhere close to sufficient to justify things like removing a child from a parent's care or separating an elderly married couple who have lived happily together for 60 years, in my not so humble opinion, yet I have read far too many stories that are disturbingly close to that in recent times. Here's what Munby says: https://www.judiciary.gov.uk/wp-content/uploads/2014/08/pfd-view-14-care-cases.pdf https://www.judiciary.gov.uk/wp-content/uploads/2014/08/pfd-... > Given the realities, we must continue to look for new, innovative and better ways of handling these cases, while never departing from the fundamentals, namely that: > Care cases, with their potential for life‐long separation between children and their parents, are of unique gravity and importance > It is for the local authority to establish its case > Common‐law principles of fairness and justice demand, as do Articles 6 and 8 of the Convention, a process in which both the parents and the child can fully participate with the assistance of representation by skilled and experienced lawyers As an example of how seriously the Family courts take their duty of involving children, here's one decision written so that the children can understand most of it: http://www.bailii.org/ew/cases/EWFC/HCJ/2016/9.html http://www.bailii.org/ew/cases/EWFC/HCJ/2016/9.html