UK - Constance Marten & Mark Gordon charged, Newborn (found deceased), Bolton Greater Manchester, 5 Jan 2023 #7

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
Was it perhaps the DV incident that triggered Napier to make the application ?

Although - IMO - it is rather surprising for a parent who basically deserted his own 4 children, all aged under 10, to feel he would be the best person to have wardship over his grandchildren.
According to the Podcast the window incident was after the wardship was filed. The window incident in itself would have raised a SS concern independently.
 
Was it perhaps the DV incident that triggered Napier to make the application ?

Although - IMO - it is rather surprising for a parent who basically deserted his own 4 children, all aged under 10, to feel he would be the best person to have wardship over his grandchildren.
Wardship applications are to make children wards of the court, not the applicant. Yes, I cannot see why the sudden interest in his grandchildren.
 
Could the ward ship application be what CM is referring to when she states that she believe her family and SS are somehow in league. They may, or may not be. I don’t know enough to comment. But maybe she is eliding the fact that once her family make the wardship application - SS/courts are required to be involved (and at this stage probably prevent her from taking them abroad?). So even if her family are not “in league” with SS specifically, or are so important that they essentially call the shots (her evidence) in a way this ward ship application could be kind of what she is referring to about her family and SS plotting together. But perhaps it was made through all the best intentions? For her/her children’s safety? Or perhaps it was made maliciously to get the courts involved. But I would be surprised if the courts/SS then simply go along with this without evidence of potential harm? Although maybe they would if they are trying to be ultra cautious?
 
Could the ward ship application be what CM is referring to when she states that she believe her family and SS are somehow in league. They may, or may not be. I don’t know enough to comment. But maybe she is eliding the fact that once her family make the wardship application - SS/courts are required to be involved (and at this stage probably prevent her from taking them abroad?). So even if her family are not “in league” with SS specifically, or are so important that they essentially call the shots (her evidence) in a way this ward ship application could be kind of what she is referring to about her family and SS plotting together. But perhaps it was made through all the best intentions? For her/her children’s safety? Or perhaps it was made maliciously to get the courts involved. But I would be surprised if the courts/SS then simply go along with this without evidence of potential harm? Although maybe they would if they are trying to be ultra cautious?
Yes, I think this is exactly what CM thinks - whether there is any truth in it, I do not know.
 
Yes, I think this is exactly what CM thinks - whether there is any truth in it, I do not know.
This is what I would be wanting to know the answer to as a juror. If she felt so desperate as to be compelled to escape in such an extreme fashion then maybe going off grid was sort of kind of justified if the alternative was just having her children stolen. I still think she was negligent in terms of not having the appropriate kit to be sleeping out with her child such that she admitted that to keep her warm enough she had to knowingly fall asleep with her in her jacket. Which is how I think Victoria possibly died. But if the extremes that drive CM there are as unfair as she seems to think they are then I think at least she should get some sentencing mitigation. But I worry for her that by bringing all this up in court and diverging from agreed facts there might be more that is released that is most definitely not in her favour. And since it is all a sideshow to the actual matter that is being tried in court, ie was she or was she not responsible for the death of her death child I fear it’s only going to have made things worse for her - unless what comes out is really quite sensationally awful (in her favour I mean). (Although maybe she’s muddied the waters just enough to get a hung jury/mistrial and more stuff will come out? Although the judge attempting to reign her in for one good (according to the podcast) suggests this might not be a good tactic for her!)
 
IMO, (a) should result in concerns being raised with SS, (b) seems overkill for trust issues, you would change or clarify the class of beneficiaries if needed through trust documents?
Those are possible routes but I don't see that a wardship is incompatible with them. Excluding the grandchildren from the family trust would stop money going in that direction, but you might not want to do that.

Saying "my estranged daughter is a fruitloop and is not adequately caring for my grandchildren and can't be trusted to spend trust distributions in their favour wisely, I want my grandchildren to be properly looked after and that money to be spent on them well" is potentially a reasonable position.

Nor does it seem clear, as you suggest, that the interest was "sudden". They may well have wanted contact and/or intervention all along.
 
Those are possible routes but I don't see that a wardship is incompatible with them. Excluding the grandchildren from the family trust would stop money going in that direction, but you might not want to do that.

Saying "my estranged daughter is a fruitloop and is not adequately caring for my grandchildren and can't be trusted to spend trust distributions in their favour wisely, I want my grandchildren to be properly looked after and that money to be spent on them well" is potentially a reasonable position.

Nor does it seem clear, as you suggest, that the interest was "sudden". They may well have wanted contact and/or intervention all along.
Another question. If that was the case, then why did the Trust itself or the Trustees on behalf of the Trust make that application? I’m interested in who made that application because of the breakdown of the relationship between father and daughter.
 
Another question. If that was the case, then why did the Trust itself or the Trustees on behalf of the Trust make that application? I’m interested in who made that application because of the breakdown of the relationship between father and daughter.
I keep wondering why interfere at all if you aren’t going to adopt them or take an ongoing interest in their upbringing ? Or do they take an interest financially ? We don’t know .. I don’t think.

I’m behind on the podcast though.
 
Another question. If that was the case, then why did the Trust itself or the Trustees on behalf of the Trust make that application? I’m interested in who made that application because of the breakdown of the relationship between father and daughter.
I don't know if the Trustees of a family trust even have standing to make such an application. Ordinarily their role qua trustee is to manage and distribute the money, not regulate family life more generally.

I'm a bit puzzled by your apparent surprise in this regard. Whether or not a wardship application was the correct route, I don't think it is that surprising or unusual that, where a parent has gone off the rails, grandparents will take an interest in the welfare of their grandchildren.
 
I keep wondering why interfere at all if you aren’t going to adopt them or take an ongoing interest in their upbringing ? Or do they take an interest financially ? We don’t know .. I don’t think.

I’m behind on the podcast though.
I don't know if the Trustees of a family trust even have standing to make such an application. Ordinarily their role qua trustee is to manage and distribute the money, not regulate family life more generally.

I'm a bit puzzled by your apparent surprise in this regard. Whether or not a wardship application was the correct route, I don't think it is that surprising or unusual that, where a parent has gone off the rails, grandparents will take an interest in the welfare of their grandchildren.
I presume the kids don't get any of the trust upon being adopted?

I'm giving Napier the benefit of doubt, I'm 99% sure my parents would chuck me to the wolves for my kids sake, I bloody hope they would!
 
I don't know if the Trustees of a family trust even have standing to make such an application. Ordinarily their role qua trustee is to manage and distribute the money, not regulate family life more generally.

I'm a bit puzzled by your apparent surprise in this regard. Whether or not a wardship application was the correct route, I don't think it is that surprising or unusual that, where a parent has gone off the rails, grandparents will take an interest in the welfare of their grandchildren.
I agree, I don’t find it unusual. It also isn’t always related to the grandparents having parented to very high standards. It’s more that there are pressing and very dangerous issues for the children and, potentially, if one seeks legally advice this would be an option given in specific situations. I believe it’s easier for a family member to make an application for wardship compared to a local authority (not to successfully get the wardship, just to apply) as it has to fit a certain remit. Once the court provides this wardship, it’s effective immediately.

As someone mentioned earlier, I’d imagine it might be a quicker way of preventing someone running away/going abroad with that child than relying on Police and Social Services, who need to gather a lot of evidence to do receive court orders. It also may have been a situation that was felt ok enough at the time day to day, but could quickly escalate if (for example) they left the country. As far as I can see from the Children’s Act 1989, the court cannot place the child in care as part of the wardship - so I imagine it’s specifically used for situations including where foreign travel and losing sight of a vulnerable child is a risk. It seems to be something which only comes in when other court orders don’t fit.

I’d imagine a grandparent who’s heard on the grapevine their adult child is thinking of disappearing abroad with their child and is also aware of potential domestic abuse as well as previous Social services concerns, possible concerns about that adult child and has knowledge of a dangerous background in the partner would panic and start looking into what they could do (including seeking legal advice if possible). It’s more about eliminating severe risk than trying to split families up/be involved with the children (which, in relation to not seeking contact with the children, they may have had somewhat valid reasons for, we just don’t know).

Children’s Act 1989 - Wardships
 
I keep wondering why interfere at all if you aren’t going to adopt them or take an ongoing interest in their upbringing ? Or do they take an interest financially ? We don’t know .. I don’t think.

I’m behind on the podcast though.
It might have been advice, from SS or an expert witness type person, that grandparents adopting would not provide enough “distance” from CM & MG. For providing best for the children, is likely best for them being out of CM orbit & not living w her parents.

The kids might still benefit financially, at adulthood, or financially for school fees, we don’t know.
 
Could the ward ship application be what CM is referring to when she states that she believe her family and SS are somehow in league. They may, or may not be. I don’t know enough to comment. But maybe she is eliding the fact that once her family make the wardship application - SS/courts are required to be involved (and at this stage probably prevent her from taking them abroad?). So even if her family are not “in league” with SS specifically, or are so important that they essentially call the shots (her evidence) in a way this ward ship application could be kind of what she is referring to about her family and SS plotting together. But perhaps it was made through all the best intentions? For her/her children’s safety? Or perhaps it was made maliciously to get the courts involved. But I would be surprised if the courts/SS then simply go along with this without evidence of potential harm? Although maybe they would if they are trying to be ultra cautious?
Maybe CM's parents suggested the DV as to why she fell to take MG out of the picture. Thinking CM would go to parent and child placement again or would be asked to leave MG?
I do not think Napier Marten did this off his own back; he was advised.

JMO
 
I don't know if the Trustees of a family trust even have standing to make such an application. Ordinarily their role qua trustee is to manage and distribute the money, not regulate family life more generally.

I'm a bit puzzled by your apparent surprise in this regard. Whether or not a wardship application was the correct route, I don't think it is that surprising or unusual that, where a parent has gone off the rails, grandparents will take an interest in the welfare of their grandchildren.
I'm surprised, because if there were real concerns over safety of the children or any safeguarding concerns, the first port of call (for anyone regardless of relationship) would be the police and/or social services.

As for NM taking an interest in his grandchildren? Really?
 
I agree, I don’t find it unusual. It also isn’t always related to the grandparents having parented to very high standards. It’s more that there are pressing and very dangerous issues for the children and, potentially, if one seeks legally advice this would be an option given in specific situations. I believe it’s easier for a family member to make an application for wardship compared to a local authority (not to successfully get the wardship, just to apply) as it has to fit a certain remit. Once the court provides this wardship, it’s effective immediately.

As someone mentioned earlier, I’d imagine it might be a quicker way of preventing someone running away/going abroad with that child than relying on Police and Social Services, who need to gather a lot of evidence to do receive court orders. It also may have been a situation that was felt ok enough at the time day to day, but could quickly escalate if (for example) they left the country. As far as I can see from the Children’s Act 1989, the court cannot place the child in care as part of the wardship - so I imagine it’s specifically used for situations including where foreign travel and losing sight of a vulnerable child is a risk. It seems to be something which only comes in when other court orders don’t fit.

I’d imagine a grandparent who’s heard on the grapevine their adult child is thinking of disappearing abroad with their child and is also aware of potential domestic abuse as well as previous Social services concerns, possible concerns about that adult child and has knowledge of a dangerous background in the partner would panic and start looking into what they could do (including seeking legal advice if possible). It’s more about eliminating severe risk than trying to split families up/be involved with the children (which, in relation to not seeking contact with the children, they may have had somewhat valid reasons for, we just don’t know).

Children’s Act 1989 - Wardships
This link is useful Wardship - childlawadvice.org.uk.

I may have misunderstood the reporting around this, but my perception is that the Wardship did not proceed, either was not granted, or lapsed. My understanding from the link provided by you and the link above, is that any application for Wardship would result in the involvement of Social Services as part of that process.
 
I presume the kids don't get any of the trust upon being adopted?

I'm giving Napier the benefit of doubt, I'm 99% sure my parents would chuck me to the wolves for my kids sake, I bloody hope they would!
I'm thinking when Napier made that public message to CM while she was on the run. He said something about her "being vulnerable".again. Just wondering if a previous time in which she was "vulnerable" was when he made the application.

And I agree, it is absolutely right that parents challenge their own children for the sake of the grandchildren. Children are vulnerable and cannot make the choices to protect themselves

JMO MOO
 
According to the Podcast the window incident was after the wardship was filed. The window incident in itself would have raised a SS concern independently.
Was there not a report from neighbours saying that CM and MG were heard having heated arguments? Just thinking that maybe there were arguments that raised concerns even before the window incident.
Pure speculation, JMO MOO
 
Was there not a report from neighbours saying that CM and MG were heard having heated arguments? Just thinking that maybe there were arguments that raised concerns even before the window incident.
Pure speculation, JMO MOO
It’s unclear now though where this incident was ? Was it here ? They made it sound like it might have been in Ireland ? I have no knowledge if the two social services advisories share info ? Or where exactly in they were in Ireland it may have been for that matter ? North / south ? Anyone got any clarification on this?

Edited by myself : typo
 
Last edited:
Status
Not open for further replies.

Staff online

Members online

Online statistics

Members online
112
Guests online
1,967
Total visitors
2,079

Forum statistics

Threads
600,132
Messages
18,104,465
Members
230,991
Latest member
lyle.person1
Back
Top