Courts may take action against Ashya's family warns lawyer

Blake Morgan family lawyer Simon Burge believes the courts could take firm action against the King family

Blake Morgan family lawyer Simon Burge believes the courts could take firm action against the King family

First published in Crime
Last updated
Daily Echo: Photograph of the Author by , Crime Reporter

A HAMPSHIRE lawyer who specialises in family law believes the courts could take firm action against Ashya King’s parents.

Simon Burge, partner at Blake Morgan in Southampton, below, believes the courts will have to tread very carefully to not set a precedent that will leave other parents thinking they can do something similar and get away with it.

Mr Burge, who has nearly 30 years of experience in family law, told the Daily Echo: “The parents breached a High Court Order and this is where a criminal offence has been committed.

“The courts will take this very seriously and they will have to because they don’t want to set a bad example, or set a precedent, to other parents facing similar situations.”

He added that social services would also become involved, with foster care being a possibility for Ashya and his siblings in the short-term.

“Ashya’s parents did not break any law taking their child out of the hospital and taking him to France”, he said. “They were anticipating what was about to happen and until doctors obtained the High Court Order, they had not done anything illegal.

“But once that order was in place, refusing to do what the doctors say and refusing to bring him back, is breaching the order.

“The doctors would have tried very hard to involve the parents, explain to the parents and find a way to work with them and the decision to go to the High Court would have been an absolute last ditch decision.”

Obtaining one of these orders would mean a lot of people would have to drop everything and act incredibly quickly.

Once Ashya was gone, doctors would have to weigh up whether the parents were likely to return and if it was a life or death situation.

Daily Echo:

Ashya King with mum Naghmeh

They would then inform the hospital lawyers, who would instruct barristers in London to seek a High Court Order, which would place Ashya under the ward of the court.

Yesterday Portsmouth City Council confirmed that doctors at Southampton General Hospital had gone to its officers to ask them to apply to make Ashya a ward of the court.

A senior judge would have then heard the evidence and decide what side he would take. This order would then lead to police applying for the European Arrest Warrant that eventually saw Ashya’s parents arrested.

Comments (6)

Please log in to enable comment sorting

9:50am Tue 2 Sep 14

sotonboy84 says...

Big Brother is watching.

The question is - is obtaining a high court order at taxpayers expense for the benefit of the child or the benefit of the trust's reputation?
Big Brother is watching. The question is - is obtaining a high court order at taxpayers expense for the benefit of the child or the benefit of the trust's reputation? sotonboy84
  • Score: 7

11:18am Tue 2 Sep 14

rickey says...

They got the court order on Friday after the King family had taken Ashya. We only knew about it after they were found so how could the family defy an order which they knew nothing about. I think this lawyer should look more closely at the timeline of the case before giving his 'opinion'.
Unfortunately I am sure he will be proved correct regarding social services etc.
http://www.theguardi
an.com/society/2014/
sep/01/ashya-king-ti
meline
They got the court order on Friday after the King family had taken Ashya. We only knew about it after they were found so how could the family defy an order which they knew nothing about. I think this lawyer should look more closely at the timeline of the case before giving his 'opinion'. Unfortunately I am sure he will be proved correct regarding social services etc. http://www.theguardi an.com/society/2014/ sep/01/ashya-king-ti meline rickey
  • Score: 5

11:23am Tue 2 Sep 14

Donald2000 says...

I understood that a court order is only effective if it had been served on the parents. At the time of the issue of the court order it had not been served on the parents who were on their way to Malaga. In any case, whether there were any grounds to issue that court order is very dubious indeed.

Like a lot of other people surrounding this issue, this solicitor is being hysterical. I don't care how much family law experience he has. Where were clever people like him when Rotherham happened. Nowhere, that's where.
I understood that a court order is only effective if it had been served on the parents. At the time of the issue of the court order it had not been served on the parents who were on their way to Malaga. In any case, whether there were any grounds to issue that court order is very dubious indeed. Like a lot of other people surrounding this issue, this solicitor is being hysterical. I don't care how much family law experience he has. Where were clever people like him when Rotherham happened. Nowhere, that's where. Donald2000
  • Score: 6

11:41am Tue 2 Sep 14

Donald2000 says...

Service Out of the Jurisdiction
The basic assumption behind all the rules of service is that the party to be served is within the jurisdiction. If a party to be served is not within the jurisdiction the court’s permission may well have to be obtained before court documents can be served on them.
Service Out of the Jurisdiction The basic assumption behind all the rules of service is that the party to be served is within the jurisdiction. If a party to be served is not within the jurisdiction the court’s permission may well have to be obtained before court documents can be served on them. Donald2000
  • Score: 4

2:21pm Tue 2 Sep 14

Paramjit Bahia says...

Opinion of experienced lawyer and idea of using British courts for depriving dedicated parents, who are trying to sell even their house in Spain to pay for medical needs of seriously sick Aysha, doesn't make any sense to ordinary members of the human race like me.

But it reminds me of very wise words of another exceptionally famous Barrister named Mahatma Gandhi "Lawyers and judges are enemies of humanity".

Obviously he'd said that in a different situation.

But surely at some stage the courts will have to listen to argument from the side of parents and may find that in the absence of court order parents of Aysha could not have broken any laws, and them trying to arrange very expensive private health care for the child they love, is NOT A CRIME

If the Hospital is party to any such court orders, then it certainly exposes the 'only our way or else' attitude of the doctors whom we expect to know better than that. And exactly why the parents have removed their dear child from the hospital.

Why rather than playing these expensive legal games these people don't use that money for treating patients?

And rather than forcing parents to waste their time and lots of money on court cases why can't they let them spend that money on medical requirements of their little boy and look after him?
Opinion of experienced lawyer and idea of using British courts for depriving dedicated parents, who are trying to sell even their house in Spain to pay for medical needs of seriously sick Aysha, doesn't make any sense to ordinary members of the human race like me. But it reminds me of very wise words of another exceptionally famous Barrister named Mahatma Gandhi "Lawyers and judges are enemies of humanity". Obviously he'd said that in a different situation. But surely at some stage the courts will have to listen to argument from the side of parents and may find that in the absence of court order parents of Aysha could not have broken any laws, and them trying to arrange very expensive private health care for the child they love, is NOT A CRIME If the Hospital is party to any such court orders, then it certainly exposes the 'only our way or else' attitude of the doctors whom we expect to know better than that. And exactly why the parents have removed their dear child from the hospital. Why rather than playing these expensive legal games these people don't use that money for treating patients? And rather than forcing parents to waste their time and lots of money on court cases why can't they let them spend that money on medical requirements of their little boy and look after him? Paramjit Bahia
  • Score: 1

7:21pm Tue 2 Sep 14

george h says...

This lawyer is part of the system, and as such has a vested interest in maintaining it. His opinion isn't worth a bent washer. Or should that read as "bent law**r"

Not a shred of humanity in anything he said. Normal for lawyers then.

In the spectrum of honesty, lawyers are in that corner usually occupied by politicians, estate agents, child molesters etc.
This lawyer is part of the system, and as such has a vested interest in maintaining it. His opinion isn't worth a bent washer. Or should that read as "bent law**r" Not a shred of humanity in anything he said. Normal for lawyers then. In the spectrum of honesty, lawyers are in that corner usually occupied by politicians, estate agents, child molesters etc. george h
  • Score: 2

Comments are closed on this article.

Send us your news, pictures and videos

Most read stories

Local Info

Enter your postcode, town or place name

About cookies

We want you to enjoy your visit to our website. That's why we use cookies to enhance your experience. By staying on our website you agree to our use of cookies. Find out more about the cookies we use.

I agree