Compensation and the WOC Issue.

[Carana]

The issue having been raised by one of the respondents, the Judge would be under some obligation to clarify the issue. Otherwise it could be used as grounds for an appeal.  So in this respect Amaral may have missed a trick.

Very well put, by the way Victoria

I agree that the judge needed to clarify the situation. I can also see why Amaral's lawyer raised it (there were two points in the online generic description of the court's role in WoCs that could give rise to doubts).

I don't understand why this potential issue wasn't raised far earlier.

[Mr Gray]

If the uk court objected you would have expected them to have made their feelings known before now

[Eleanor]

Surely The Court who has Madeleine's best interests at heart, will be aware of what is being done in her name over the last five years.

It's a very funny WoC if they aren't.

[slartibartfast]

Surely The Court who has Madeleine's best interests at heart, will be aware of what is being done in her name over the last five years.

I think that is an assumption.

[jassi]

Surely The Court who has Madeleine's best interests at heart, will be aware of what is being done in her name over the last five years.

It's a very funny WoC if they aren't.

Seems a funny sort of business anyway.
I always thought that the court would have and exercise full control of the child's well-being and that parents had no or limited involvement, but this doesn't seem to be the case.
Perhaps there are different degrees of wardship/

[slartibartfast]

Seems a funny sort of business anyway.
I always thought that the court would have and exercise full control of the child's well-being and that parents had no or limited involvement, but this doesn't seem to be the case.
Perhaps there are different degrees of wardship/

No, the court is only involved insignifiant activities. See below...

The High Court has powers to make certain orders regarding children where they have been removed, are in serious danger or at risk. The court will make the child a ward.

This means that the High Court will have responsibility for that child and no orders can be made or action taken which affects the child, unless permission is obtained from the High Court first.

Of course with a missing child, the court has very little to do because typically very little happens.

[jassi]

The very fact that a missing child, (who may not be alive) can actually be made a ward of court seems pretty strange, but obviously happens.

[slartibartfast]

The very fact that a missing child, (who may not be alive) can actually be made a ward of court seems pretty strange, but obviously happens.

It is there in cases were there may have been an abduction.

[Eleanor]

Madeleine is presumed to be alive by The Court, and will continue to be so.

[slartibartfast]

Madeleine is presumed to be alive by The Court, and will continue to be so.

The court would normally be on hold until the police turned up something that the court could act upon.

[Eleanor]

The court would normally be on hold until the police turned up something that the court could act upon.

They would still assume that Madeleine is alive.

[slartibartfast]

They would still assume that Madeleine is alive.

I think "will act as if she is still alive" is a more accurate description. I can't find any references as to how long she would continue to be WoC without further information.

[Victoria]

I think "will act as if she is still alive" is a more accurate description. I can't find any references as to how long she would continue to be WoC without further information.

Usually when a child reaches 18.

[Mr Gray]

I think that is an assumption.

it is an assumption but one based on reason....As this action can be argued to be in Maddies interest I can only see the court agreeing... I can only see the court disagreeing if something was detrimental to maddies interests

[John]

Madeleine is a Ward of Court which means every legal decision relating to her has to be approved by the High Court in England.  Her parents continue to have parental responsibility for her but not legal responsibility.  Any legal action taken in her name requires the authorization of the High Court thus why the Portuguese judge now seeks clarification if such permission was ever granted.