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Lorraine Cavanagh

Re A&O (Children: Scotland) [2017] EWHC 1293 (fam) 

The President Family Division, Sir James Munby. Lorraine Cavanagh acted for the Scottish parents of two children placed in England under a compulsory supervision order albeit with prospective adopters. They issued an adoption application in England which the parents defend. The question arose as to the ability of the Family Court and Family Division properly to perform their functions in accordance with section 1(6) and In re B-S, and to meet the procedural standards mandated by Articles 6 and 8 of the Convention, if their powers are limited by the lack of any ability to make an order under the Children Act 1989 should it decline to make the adoption order. The President decided that “the English court will not be hamstrung in undertaking the In re B-S exercise and there will be no question of proceedings in the Family Court being non-compliant with either Article 6 or Article 8.” As the inherent jurisdiction permits orders to be made equivalent to CA orders to meet the children’s welfare.