Family court judge ignores genetic disorder, removes baby from mother in deeply concerning case

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Researching Reform

A family court judge made a care order against a mother after deciding she had inflicted non-accidental injuries to her baby, who is now two years old. In hearing the mother’s request to appeal, the Court of Appeal agreed with the lower court judge’s findings and dismissed the appeal.

This is a deeply concerning case, for several reasons including that:

  • The judge failed to properly investigate the midwife’s claim that the baby had not been accidentally twisted during birth, after being born with a fractured clavicle and extensive bruising as a result of a potentially negligent forceps delivery;
  • The judge and lawyers to the case were not aware of research on pre-mobile bruising which indicates that such bruising is more common in babies than government policy suggests;
  • The judge and lawyers to the case were unaware of the Resolutions Model, which keeps families together and should be applied in cases…

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