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Family Law

The leading authority on all aspects of family law

15 JAN 2011

CARE PROCEEDINGS: Re S (Care Order: Fact Finding) [2010] EWCA Civ 1363

(Court of Appeal; Sir Nicholas Wall P, Arden and Wilson LJJ; 7 December 2010)

The mother was a heroin addict. Her three children were in local authority care. The mother gave birth to the youngest child in prison. The child was initially allowed to remain with the mother, but was then removed from the mother under a police protection order in response to reports of unsatisfactory behaviour by the mother.

In considering applications for an interim care order, the court should focus on ECHR. Here, where there were concerns about the safety of the a baby, there were wholly exceptional circumstances justifying the removal of the child before the court could consider an interim care order. The courts should be slow to condemn a local authority acting in good faith to protect a child.

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