- Approved — N (Refusal of Placement Order) 2023-04-05
“…Ms Gould cited the observation of McFarlane LJ in Re W (A Child) [2016] EWCA Civ 793 at paragraph 75 approving the comment of counsel that…”
- Cited — Re S (Children: Party Status) 2022-12-22
“…d inevitably fail and that there was therefore no role for him to play in proceedings. The court’s task at that point was (to borrow a turn of phrase from Re W [2016] EWCA Civ 793 at para. 70) to decide whether his case was broadly ‘a runner’, not whether it was ‘a winner’.…”
- Cited — TT (Children) 2021-05-20
“… necessary and proportionate. This cross-check does not alter the fact that the decision turns on welfare and not on rights or presumptions: see Re W (A Child) [2016] EWCA Civ 793;[2017] 1 WLR 889, per McFarlane LJ at 70-71. In judicial decisions where the Article 8 rights of parents and those of a child are at stake, the child’s rights …”
- Cited — W (A Child: Leave To Oppose Adoption) 2020-01-21
“…ompelling features that led him to conclude that the parents’ case lacked solidity. In support of this submission, he relies upon a passage from Re W (A Child) [2016] EWCA Civ 793. In that case a child had been placed in foster care at birth and with prospective adopters at 7 months old. After the birth of a second child to the mother, t…”
- Cited — A (A Child) 2018-10-16
“…Next, its neutral content is a reminder that the assessment of welfare is not driven by presumptions. As McFarlane LJ said in Re W (A Child) [2016] EWCA Civ 793 at [71]:…”
- Cited — In the matter of P-S (Children) 2018-06-18
“…[2016] EWCA Civ 793, [2017] 1 WLR 889, [2017] 2 FLR 31, para 70. This appraisal, to adopt the language of…”
- Cited — B (A Child) (care proceedings) 2018-01-17
“… Act 2002 and to the judgments of the Supreme Court in Re B [2013] UKSC 33 and of this court in Re B-S [2013] EWCA Civ 1146, Re R [2016] EWCA Civ 1625 and Re W [2016] EWCA Civ 793. She also recognised that Article 8 was engaged, acknowledging the application of the principle of proportionality and (judgment, para 14) that the court “shou…”
- Cited — B (A Child) (care proceedings) 2018-01-17
“…amily placement with I and R was a viable and realistic option. In that context, it is important to appreciate the point made by McFarlane LJ in Re W (A Child) [2016] EWCA Civ 793, paras 70-71:…”