Section 135 Review of plan — Children, Young Persons, and Their Families Act 1989, ss 18A and 18B — assessment of parent of subsequent child — United Nations Convention on the Rights of the Child, art 9. The Court was asked to review a care and protection plan for a child. The plan addressed permanent care and custody issues that had not been discussed with the parents at previous FGC. The plan was served on the parents, but their views were not known. It was observed that approval of the plan could be seen as an endorsement of the plan's statements that the parents were unable and unwilling to provide the child with day-to-day care and that there was no realistic possibility of the child returning home. The Court observed that these statements could trigger future enquiries under ss 18A and 18B of the Act. The Judge noted that the effect of ss18A and s18B is to transfer the onus from CYFS to justify intervention in a family, to parents to justify the right to have care of a child. Consideration was given to Article 9 of UNCROC, which addresses the child's right to live with their parents unless it is adverse or impossible. The Article also provides interested parties the opportunity to participate in proceedings and make their views known. The Court was not satisfied that the parents had been given an opportunity to participate and make their views known about the statements within the plan. The Judge approved the plan, subject to excluding the statements that there was "no realistic prospect of return". Judgment Date: 26 October 2016. * * * Note: Names have been changed to comply with legal requirements. * * *