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ANALYSIS: Family law - Children at risk over relative proof

3 mins read
Dealing with the law in child protection cases is complicated at best. Stephen Cook reveals how the differing requirements of the civil and criminal courts could result in decisions that might have devastating consequences for a child or family.

Lawyers who deal with child protection cases are worried that family courts might be making it more difficult for social services departments to remove children from homes where they might be at risk.

Their concern centres on the standard of proof to be applied when courts are considering whether to take a child into care or make a supervision order when there have been serious allegations against a parent or carer, such as rape or assault.

Usually, such offences are dealt with in the criminal courts. There, an extremely high standard of evidence is required and juries have to be satisfied "beyond reasonable doubt" that the offence has been committed.

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