Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

01 APR 2011

Interim Care Orders: Is the Bar set too Low?

Andrew Bainham

Barrister at 14 Gray's Inn Square, Fellow of Christ's College Cambridge

In ‘Removal of children at interim hearings: is the test now set too high?' published in April [2009] Fam Law 321, Darren Howe asked the pertinent question whether the test was now set too high for the removal of children at the interim stage of care proceedings. He instanced chronic neglect as a particular area of concern. I want to focus here on what might be viewed as the opposite problem; that interim care orders (hereafter ‘ICOs') are being made too readily by the lower courts and to highlight what, it may be argued, is a blurring of the distinction between voluntary co-operation and compulsory action. I will contend that some current practice is contrary to the philosophy of the Children Act 1989. I suggest a modest reform which might assist co-operation between parents and local authorities at the interim stage, based on a welfare determination, and which might avoid pushing at the boundaries of the interim threshold.

To read the rest of this article, see April [2011] Family Law journal.

To log on to Family Law Online or to request a free trial click here

Family Law

journal

"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Subscribe to our newsletters