Hayley Catherall
MSB Solicitors Liverpool
Hayley CatherallPartner
Accredited Resolution Specialist  in Domestic Violence and Co-Habitation

Handling Pre-Birth Proceedings:
Hayley Catherall represented a mother who had her children removed after the local authority had alleged the children were subject to general neglect. The mother was Hungarian and was pregnant at the time the application was made. Interpreters were required for all parties, to include the father who was Arabian. The paternal family were assessed as being viable carers fro the children and the mother had an initial assessment which indicated that she would not have the children returned to her. Further Proceedings were issued upon the birth of her baby. The Local Authority’s position indicated that the children should move to Saudi Arabia with the paternal family. The matter proceeded to a Final Contested Hearing. All of the children were returned to their mother. Hayley Catherall represented a paternal aunt and paternal grandmother following the mother violently attacking her 5 children with a knife in a drunken rage. Unfortunately the father was in prison and could not have care of the children.

The local authority’s  application and suggested Care Plan was for the children to be placed into foster care and was opposed to any member of the paternal family having the children in their care. A Public Interest Immunity hearing became necessary, when it came to light which would cause serious prejudice to an important public-interest issue relating to father’s imprisonment. The case was a High Court Case and, following 2 years of litigation, and despite neither party passing the initial viability assessments, all 5 children were placed in the care of paternal aunt and grandmother, thus avoiding the care system.

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