The girl's mother did not appeal against Judge Tolson's decision - but her father did |
Concerns had been raised about her mother's mental health and lifestyle and a family court judge later ruled the youngster should be placed for adoption.
Judge Robin Tolson reject ed both her mother and father as carers and ruled out the possibility of her being cared for by relatives of her father in Nigeria.
The girl's mother did not appeal against Judge Tolson's decision - but her father did.
Lawyers said the man was thought to be working after being given 'discretionary leave' to remain in the UK
Judge Tolson, who analysed the case at a family court hearing in Oxford last June, had listed a number of difficulties the man was facing in his battle to care for the youngster.
The man had been in the UK illegally - since arriving in 2003 on a six-month tourist visa - had no job, no home, had lived on the streets at times and had problems with cannabis misuse.
The judge also said he thought the man's custody fight was motivated by a desire to remain in the UK.
But appeal judge Lady Justice Black has questioned whether Judge Tolson gave "sufficient reasons" to justify his conclusions about the man.
Lady Justice Black, who analysed the case at a Court of Appeal hearing in London, said Judge Tolson should "amplify his reasoning" so that decisions can be made on whether his ruling was fair.
She said that since Judge Tolson's ruling the man's "situation" had changed.
Lawyers said the man was thought to be working after being given "discretionary leave" to remain in the UK.
Detail of the case emerged in a written ruling by Lady Justice Black. She did not identify anyone involved.
No comments:
Post a Comment