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Mum loses out in fight for her son
Reporter: COURT REPORTER
Date online: 16 March 2010
A 25-year-old Oldham mum was told yesterday that her efforts to change her life had come too late to ever have a chance of getting her two-year-old son back.
The woman, who can’t be named to protect the child’s identity, made an emotional plea to a top family judge.
She sobbed as she told Lord Justice Ward that she had not had a fair hearing last October, when an order taking her son into care and placing him for adoption was made.
The mother said that she had been in a psychiatric hospital prior to that court hearing, at Oldham’s Family Court, and had not been in the right frame of mind to make any decisions. But Lord Justice Ward, sitting at London’s Civil Appeal Court, said the case in favour of adoption was “overwhelming” and the correct way to proceed.
He told the woman she had made her submissions to him “passionately, eloquently and heartbreakingly,” but that the positive steps she had taken towards changing her “chaotic” life had come too late.
Addressing her concerns about her state of mind at the hearing, he said: “If she was unwell, a guardian would have been appointed for her, but her disability was never so grave as to reduce her to that state.”
He said the mother had tried to adjourn proceedings at the Oldham Family Court so that an assessment of her mental health could be carried out, but this had been refused.
A judge at Manchester County Court also refused her permission in January, this year.
Lord Justice Ward said those decisions were correct, and that both court hearings had been conducted in a “careful and sympathetic” manner.
Describing the case as “distressing”, the judge said: “If I were to give permission to appeal for every litigant I feel desperately sorry for, I would be granting permission to everyone.
“The sadness for me is that this mother has demonstrated she is a loving mother and does have an ability to look after her child.
“She had lived a chaotic lifestyle, mainly due to the pernicious influence of the man who inflicted violence on her, and she has made great steps towards improving her position.
“The tragedy is that all of that has come too late for this little boy to be returned to her.
“If sympathy was the Litmus test for granting permission, I would give it.”
He refused the sobbing mother permission to appeal and told her he was “very sorry” as he left the court.
Comments
Do we know all the facts? We only know what we've read in the newspaper.
You never know the facts because the family courts are closed shop and often even the family does n ot know what so called facts are being used to take away their children.
It seems to look like this mother did not stand a chance,
verdict all ready agreed before she even got to the court.
It would be interesting to know what type of legal representation she has had as it seems another mother who is trying to do her best is punished instead of helped.
Can you even imagine what it would be like to be forced to put your child up for adoption.
To see the lengths this woman has gone to shows she gives a dam.I don't know how some people sleep at night....
Just to clear up a few matters on this case, I was present with mother during all the court hearings, the mother never had her say, she was never given the oppertunity to challenge the "flawed evidence". This mother has never harmed or allowed any harm to her child, instead she was beaten by her EX partner, the mother needed protection not perseution. heatbreaking situation, but the fight will go on.
Owdhamfan the judge has already stated she is a capable loving mum.This is dispicable and and just proof that social services dont keep families together unless you are some hideous abuser. There are so many women now losing their children as they have been in abusive relationships,even when they have got out. The sad thing is its often when they ask for help at a refuge that social services stomp in with their heavy boots and take the children.
No justice from the courts again.
Jerry, you are spot on "..the mother never had her say, she was never given the opportunity to challenge the "flawed evidence". Something so crucial for a fair hearing is harshly denied to parents thereby enabling the Local Authority to get away with perjury....Where is justice?
Have Your Say
These so called family courts should be illegal. They make decisions with no Jury, evidence is kept secret, kids are taken with no reasons or justifications given and in a so called democracy these courts stand out as illegal and undemocratic.
By Max Damage @ 16/03/2010 13:16:54