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11/17/2010

START DATE

END DATE

15-Jul-11

E.F. vs Director of Child & Family Services

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda Appellate Jurisdiction

FAMILY LAW

WADE-MILLER J

Paul Harshaw (Appellant lawyer)

Leighton Rochester (Respondent lawyer)

FACTS OF THE CASE:

Appeal against care orders for two children J and R under Section 25 of the Children?s Act 1998 by the Director of Child and Family Services due to concerns over parenting capacity and medical treatment compliance

SUMMARY:

Was the issuance of care orders justified based on evidence of significant harm and non-compliance with medical treatment? Did the court provide adequate reasoning for its decisions?

OUTCOMES:

Appeal dismissed emphasizing the need for the Director to adhere to section 31 of the 1998 Act and for magistrates to provide written reasons for decisions

RULED IN FAVOUR OF:

Respondent

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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E.F. vs Director of Child & Family Services

Appeal against care orders for two children J and R under Section 25 of the Children?s Act 1998 by the Director of Child and Family Services due to concerns over parenting capacity and medical treatment compliance

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