Lying in the Sun

Madeleine Ward of Court

Madeleine McCann a Ward of Court


Madeleine we are told was made a Ward of Court at the request of her parents, Gerry and Kate McCann, so that judges could act in her best interests in any legal dispute.


On May 17th 2007 her parents invoked the jurisdiction of the Court under the Inherent Jurisdiction of the Court, and The Child Abduction and Custody Act, and the Hague Convention.


**Hague Convention (protection children) – comes in to play most often when a parent “abducts” their own child from the parent who has custody, and takes the child out of the country where the child normally resides**

But are these children made Wards of Court?


The McCanns sought various orders and direction aimed at ascertaining the whereabouts and recovery of Madeleine.  (or ways they could gain access to official information?)


Mrs Justice Hogg stated that she became involved shortly after this time (17th May 2007) and that on 2nd April 2008 Madeleine became a Ward of Court, and has remained a Ward.


The first and only time this has come into play – the McCanns requesting the Court intervene in a situation, to ‘act in Madeleine’s best interest’ (that I know of, there may have been other times) is when Kate and Gerry McCann wanted access to Leicestershire Police Records, wanted Leicestershire Police to disclose files and information to them regarding the case of missing Madeleine.


They said they wanted to see if there were any ‘sightings’ or leads contained therein that they had not been made aware of.


Their spokesman at the time (2008) Clarence Mitchell had this to say:


“It has come to our attention that some details of court proceedings concerning Madeleine have been made public.  This is regrettable.


At the instigation of Kate and Gerry McCann, Madeleine was made a Ward of the High Court of England and Wales.  An application has been made on Madeleine’s behalf by her parents for disclosure of certain documents.   Kate and Gerry have always said that they will do whatever is necessary to find Madeleine and that they will leave no stone unturned in their search for their daughter.”


The report continued:


***Access to the files will allow the McCanns – desperate to clear their status as arguidos or - official suspects – to begin building a defence and demand that they are cleared.***


As we now know the McCanns were given access to certain files the Court, Mrs Justice Hogg awarding in their favour in this regard.


As we also know, when interviewed by Sandra Felgueiras, and when asked which ‘sighting’ of Madeleine gave them the most hope of her being found, neither parent could come up with a single ‘sighting’ which had ‘stuck in their mind’ one that they considered more important, more credible than any other.


Do we take it that the information they were allowed access to re 'sightings' and leads from the Leicestershire Police did not provide anything credible, anything that would further their private investigation?   Would seem so if they could not recall any sighting which they considered of importance.  Or perhaps they were more interested in furthering the building of their defence?

Further it confirms that the McCann private investigation, under any of the several private detective agencies which they hired did not uncover any leads which were fruitful.

And it brings into question also - Depending on the information the McCanns were allowed to access re sightings and leads contained in the Leicestershire Police files and which were shared with Portugal - why did it then take the Metropolitan Police so long to come across the 195 leads which they claimed to have discovered in the files, which clearly - Not the Portuguese, not the Leicestershire Police, and not the McCann private investigators after having checked them out considered them of relevance?

Makes one wonder how Metropolitan Police could possibly have come up with 195?

Back to the McCanns - Would it be fair to say their
 desperation at gaining access to the Leicestershire files, obtaining the names and details of witnesses and discovering what these people gave as their statement to police, was more to do with - 'building a defence, and demanding they were cleared than it was checking out sightings?'


We of course know Mrs Justice Hogg’s decision re McCanns obtaining access to particular files and ‘granting their wishes’(despite the couple being official suspects at that time in their daughter’s disappearance) but as to what else she had to say in her judgement at the High Court, Family Division, RCJ. London, 7th July 2008:


“It may be noted that neither of the Parents is present today. I let it be known last week that providing their legal team was fully instructed neither parent need be present, and I would not criticise or bear any ill-feeling towards them if they chose to stay away. It was my decision as they have suffered enough, and I wished to ease their burden.

I know the police authorities and other official law enforcement agencies in this country, in Portugal and elsewhere have striven and will continue to strive to trace Madeleine.

I urge anyone who has any information however small or tenuous to come forward now so that further enquiries can be made.

There is, of course, as least one person who knows what has happened to Madeleine, and where she may be found.

I ponder about that person: whether that person has a heart and can understand what it must be like for Madeleine to have been torn and secreted from her parents and siblings whom she loves and felt secure with, and whom no doubt misses and grieves for. Whether that person has a conscience or any feeling of guilt, remorse or even cares about the hurt which has been caused to an innocent little girl: whether that person has a faith and belief, and what explanation or justification that person will give to God.

I entreat that person whoever and wherever you may be to show mercy and compassion, and come forward now to tell us where Madeleine is to be found.

I hope and pray that Madeleine will be found very soon alive and well.

I confirm the Wardship and Madeleine will remain a Ward of Court until further Order of the Court. The case will be reserved to myself subject to my availability.”


This statement by Mrs Justice Hogg as would be expected was considered astounding, not only had she granted the parents of the missing child, official suspects in their daughter’s disappearance access to police files, but she spoke of Madeleine having been abducted.

There was no evidence at that time that Madeleine had been abducted.

The police then, both in Portugal and in the UK found no evidence that Madeleine had been abducted.  To the contrary in fact, and that remains the case today.

Intriguing also, as she spoke as though she knew absolutely that this child was taken by a single individual!

Mrs Justice Hogg stuck her neck out, but why?

She could not possibly have known who removed Madeleine from the apartment if she had been removed by someone other than persons known to the McCanns, their holiday companions for instance.

If Mrs Justice Hogg knew ‘more’ as to who removed Madeleine from apartment 5A then she would not surely, have allowed the McCanns to continue with the Fund – as this Fund, very much involves the public trusting that the McCanns played no part in their daughter’s disappearance and trusting also that they, the McCanns, do NOT know of anyone who may have removed their child from the apartment in Portugal.  The public donate in the belief that they are helping a search to find a missing child, that they are not being misled in anyway by the parents of said child.

It would now mean today also that if Mrs Justice Hogg knew of the person who removed Madeleine from the apartment that she had allowed the Metropolitan Police to spend 2 years on an investigative Review of the case files, at the UK taxpayer’s expense – an investigative review that was not required if the McCanns and Mrs Justice Hogg knew who were the perpetrators of the crimes committed against Madeleine.


Why Mrs Justice Hogg spoke as she did is therefore a bit of a mystery as quite clearly she has no evidence or proof which allowed her to speak with any authority that abduction ever took place. 

In her statement the implication was that Madeleine had been abducted by a single person.  Had she knowledge as to who took Madeleine, or knew that the McCanns held that information, as I said earlier, it would have been her duty to put a stop to that Fund, with any charges appropriate being brought against McCanns and those operating the Fund.

Do we take it then that Justice Hogg did not, and does not know of any individual who abducted Madeleine McCann?   It would appear so.

Yet she chose to speak as she did.

Did she have no choice other than to speak of Madeleine as a child abducted as Madeleine was made a Ward of Court under The Child Abduction and Custody Act, and Hague Convention?

Or, do we  believe that whilst she may have had no choice other than to speak of Madeleine as a child abducted, that she took her statement a little too far when she spoke of, implied there was a lone abductor?

And what is the criteria, apart from the obvious, for a child to made a Ward of Court under The Child Abduction and Custody Act, and Hague Convention– what proof, is required if any?

Most often when the protection of Hague Convention comes into play it is when one parent takes their own child from the parent who has been awarded custody – so the ‘abductor’ is known.  This was not the case with the McCanns!

So were the McCanns simply able to walk in, make application stating their daughter was abducted and hey presto – she was made a Ward of Court?

Were police authorities contacted in relation to this application relating to the request that Madeleine be made a Ward of Court - as nowhere is it written  or confirmed in any official way that Madeleine Beth McCann was abducted?

Is Madeleine McCann still a Ward of Court?

Does her Wardship still lie with Mrs Justice Hogg?

And if so,

With regards the upcoming libel trial – Does Mrs Justice Hogg believe that the action taken against the now retired Portuguese Police Officer, Goncalo Amaral by the Mccanns, Madeleine’s parents is in the best interests of the child?


Did the McCanns or do the McCanns have to consult with, gain permission from Mrs Justice Hogg (or whomever is the appointed person in relation to Madeleine being a Ward of Court at this time) before they can raise legal actions in the child’s name?

Does Mrs Justice Hogg approve of the monies donated by the public to aid whatever is the so called private search for Madeleine, to be used in this way?

Does she consider spending the child's money funding legal actions as being in Madeleine's best interest?

Where is the line drawn where the McCanns as Madeleine's parents make the decisions and Mrs Justice Hogg making decisions on Madeleine's behalf, Madeleine being her Ward?  More importantly, is anyone, anyone at all, truly acting in Madeleine's best interests?

If they are it is more than difficult to identify who those persons may be!
8th September 2013

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