ABSTRACT
The topic which I am asked to address is one of great amplitude. Therefore, in order to set reasonable boundaries, I begin by postulating the nature of the case, my choice resting upon assumptions as to my readers. So, the hypothetical case in question is a local authority application for a Care Order listed for trial before either a High Court judge in the Family Division or before the designated circuit judge in the local care centre. The case raises many issues of disputed fact, particularly historic fact. The local authority’s application is opposed by one or both parents and perhaps other family members. The child or children of course have the benefit of an experienced children’s guardian, who has instructed a solicitor from the children’s panel, who in turn has instructed an experienced barrister. The application for a Care Order is supported by a care plan that directs the child or children to a new family and seeks to limit or terminate contact with the birth family. Of course the care plan is fundamentally irreconcilable with the family’s opposition to the Care Order application but it has the support of the guardian, in general if not in detail. The local authority rely on expert evidence as to historic fact and also expert evidence as to what is best done for the future. The parents rely on expert evidence as to historic fact and the guardian calls expert evidence to support the amendment of the care plan for which he contends.
