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Information for "DA v DJ (2017) EWHC 3904 (Fam)"

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Display titleDA v DJ [2017] EWHC 3904 (Fam)
Default sort keyDA v DJ (2017) EWHC 3904 (Fam)
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Page creatorJonathan (talk | contribs)
Date of page creation17:58, 21 March 2020
Latest editorJonathan (talk | contribs)
Date of latest edit11:54, 8 October 2021
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In this case Parker J followed the approach of HHJ Marshall QC in Re F [2009] EWHC B30 (Fam)M rather than the approach of Hayden J in Wandsworth LBC v A McC (2017) EWHC 2435 (Fam)B in relation to the correct approach to the threshold test for making an interim order under MCA 2005 s48 (which requires that there is "reason to believe that P lacks capacity in relation to the matter"). There is no need for the purpose and extent of the capacity assessment to be explained to the person concerned, and the evidence does not need to go so far as to rebut the presumption of capacity.
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