Monday, 27 September 2010

The rank hypocrisy of family court judges

The Crystal Walton Story!
I was gratified this week to find that an article I wrote in December has been quoted in full by the Court of Appeal. (I only hope there were no typos.) It is flattering that Mr Justice Munby takes The Times seriously. It is of more import that he decided to publish his judgment on the case that I wrote about six months ago. For it is only when judges make their reasoning public that we can start to debate the grounds on which children should be taken into care.
A few long-suffering readers may remember that this peculiar case concerns a woman whose baby was removed by social workers, not because the child came to any harm but because there was a suspicion that her father might have injured a child from his previous marriage. That suspicion was never proven, no charges were ever brought and the child of the earlier marriage was never removed. But a woman who everyone agrees is blameless has lost her only child – for ever – because she is deemed to be besotted with a man who may pose a danger.
As so often in these situations, there are complex allegations and flawed characters. In my view it is questionable whether the father’s inability to conceal his loathing of social workers makes him unsuitable for parenthood. Mr Justice Munby has decided on several grounds not to grant an appeal. The case may still go to Strasbourg, but it will be too late: the child will have been adopted.

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