In the Family Court at EXETER Case Number: EX16C00118 Order Children Act 1989

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In the Family Court at EXETER Case Number: EX16C00118 Order Children Act 1989
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  C21 Blank Order The Family Court at Exeter, Exeter Hearing Centre, Southernhay Gardens, Exeter, EX1 1UH. Please address all communications to the Court Manager and quote the case number. Tel: 01392 415300Fax: 0870 3240124Produced By: H BrucePage: 1 In the Family Court at EXETER Case Number: EX16C00118   Order Children Act 1989   The full name(s) of the childBoy or GirlDate(s) of Birth Anya Jane YeldGirl3rd December 2005  The Court Orders The Children Act 1989THE CHILDRENPlease add a separate sheet if more than 4 childrenAnya Jane Yeld; gender female; d.o.b 3.12.05Case Management Order 13rd July 20171. THE PARTIESThe applicant local authority is Devon County CouncilThe first respondent (mother) is Elizabeth Ann Cunningham YeldThe second respondent (father) is David Llewellyn YeldThe third respondent is the child by her children’s guardian Nic Cann2 THE CHILD IS LIVING WITH her grandmother save when she is boarding at The Cathedral School Exeter3. THE REPRESENTATIVES AT THIS HEARINGThe parties are represented as followsa) The applicant is represented by James Hayward his contact details being jameshayward@colletonchambers.co.ukb) The 1st respondent is represented by Stephen Sowdenc) The 2nd respondent is represented by Hugh Cornfordd) The 3rd respondent is represented by Chris NichollsThe identity of the children and those named in paragraphs 1 and 2 are not to be disclosed in public withoutthe permission of the court.4. ALLOCATIONThe proceedings are currently allocated to Circuit Judge5. THE APPLICATION(S)a) The local authority has applied for a care order and interim care order6. JURISDICTIONa) The court is satisfied that it has jurisdiction in relation to the children as their mother is habitually residentand domiciled in England and Wales.7. TODAY’S HEARINGa) Today’s case was listed for a CMHb) Today’s hearing has been concluded8. THE TIMETABLE FOR THE PROCEEDINGS[see in the matter of Re S a Child 16th April 2014]The timetable for the proceedings is 34 weeksThe next hearing is 28th July 2017  C21 Blank Order The Family Court at Exeter, Exeter Hearing Centre, Southernhay Gardens, Exeter, EX1 1UH. Please address all communications to the Court Manager and quote the case number. Tel: 01392 415300Fax: 0870 3240124Produced By: H BrucePage: 2 9. TIMETABLE FOR THE CHILD(REN)The key dates and events in the Timetable for the Child are:Conclusion of the proceedings10. THRESHOLDThe s.31 threshold for the making of orders is in dispute11. THE KEY ISSUES IN THE CASE ARE:a) Does the father pose a sexual risk to Anyab) Can the mother protect Anya from risk12. THE PARTIES’ POSITIONS:The mother and father oppose the local authority planThe guardian supports the local authority interim plan13. IDENTIFICATION OF PERSON(S) TO BE ASSESSED AS POTENTIAL ALTERNATIVE CARER(S)The parents have identified alternative placements14. EVIDENCEAfter reading the materials filed, which are described in the indexTHE COURT ORDERSUPON the parties all expressing concern that police disclosure in relation to the allegations made by KristinaRobertson-Blackmoor would appear to be incomplete and in particular not to include statements from KatyJanny, Julie Baah and John Collins, photographs of and a plan of the school where the incident is allegedto have taken place, school records, Pre ABE interview notes, recordings of any contact made with KristinaRobertson-Blackmoor’s father, despite all of the above being referred to in the cocuments that have beendisclosedAND UPON all parties expressing the view that this material in necessary for a trial of this allegation and thatit is impossible accurately to consider the time estimate without this materialAND UPON counsel for David Yeld informing the court that he will require the medical and psychiatricrecords of Kristina Robertson-Blackmoor and Paul IvesonAND UPON it being understood by the advocates present that consent to the release of the medicalinformation had been previously provided and that in the event that it has not then an application must bemade and served on Kristina Robertson-Blackmoor and Paul Iveson1 The Officer from Metropolitan Police investigating the case relating to Kristina Robertson-Blackmoor’sallegations against David Yeld shall attend The Family Court sitting in Plymouth at 10.30am on 28th July2017 and shall bring the full file relating to the case. Email of this order by the local authority to MetropolitanPolice shall be good service. Permission for the Metropolitan Police to apply to vary or discharge this orderon 48 hours notice.2 List for a further case management hearing on 28th July 2017 at 10.30am. The advocates shall attendby 9.30am. At this hearing the court will consider the Scott Schedule, evidence for the fact finding hearing,witness timetable and time estimate for the fact finding hearing3 The local authority shall by 4pm 18th July 2017 provide to Recorder Calway sitting at Plymouth CountyCourt a full bundle together with DVDs of all interviews to be played at the trial4 Devon County Council shall enquire of Paul Iveson and Kristina Robertson-Blackmoor and ascertain theirwillingness to consent to their medical and psychiatric records being disclosed into these proceedings andshall inform all parties by 4pm 18th July 20175 In the event that an application is made for disclosure of medical records Devon County Council shallassist the court with the service of such application, the addresses of the witnesses not being known toeither parent6 Devon County Council shall make enquiries with both Paul Iveson and Kristina Robertson-Blackmoor asto their addresses whilst a child and thereafter and make enquiries as to any involvement with any relevantchildren social services departments. Such information to be provided to the parties prior to the hearing on28th July 201715. INTERIM CARE/SUPERVISION ORDER(S)16. EXPERTS  C21 Blank Order The Family Court at Exeter, Exeter Hearing Centre, Southernhay Gardens, Exeter, EX1 1UH. Please address all communications to the Court Manager and quote the case number. Tel: 01392 415300Fax: 0870 3240124Produced By: H BrucePage: 3 No application was today dealt with for the instruction of an expert.17. OTHER ORDERS 18. COMPLIANCENo document other than a document specified in this order or filed in accordance with the Rules or anyPractice Direction shall be filed by any party without the court’s permission.19. Any application to vary this order or for any other order is to be made to the allocated judge on notice toall parties.20. All parties must immediately inform the allocated judge and the court if any party or person fails tocomply with any part of this order.21. CASE OUTCOME [to be completed only if proceedings are finally disposed of at a Case Management/ Issues Resolution Hearing]A [set out type of order] was made today in respect of [name of child Ordered by Recorder Calway on 13th July 2017
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