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Family Law

The leading authority on all aspects of family law

20 FEB 2013

CARE PROCEEDINGS: Re O-C (Interim Care Order: Jurisdiction)

(Court of Appeal, Thorpe, Moses, McFarlane LJJ, 14 February 2013)

The conclusion of a local authority investigation of the mother's care of her children was that care proceedings should not be initiated. However, the mother had taken the children and fled to Ireland.

The local authority was granted an interim care order and made an order for the return of the children. The mother appealed.

The judge had erred in granting the interim care order. While it was essential for the children to be returned as soon as possible they should be returned to the status quo and the issue of interim care was one that ought to be determined by further welfare assessment. The interim care order was, therefore, set aside.

 

 

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