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

18 SEP 2007

CARE PROCEEDINGS: Re L (Care Proceedings: Removal of Child)

(Family Division; Ryder J; 18 September 2007)

The local authority and the guardian had assumed that in order to persuade the court that the child should be removed from the parent, all they had to demonstrate was that an interim threshold had been established. This was a profound error of perception that on the facts of the case amounted also to an error of law. Removal was a consideration separate from the existence of the interim threshold or the need for an interim order. When considering whether to remove a child the court had to consider whether there was an imminent risk of really serious harm; if there was not, the question of whether the mother was able to provide good enough long term care was a matter for the court to decide at a final hearing, and was not to be litigated at an interim hearing, effectively prejudging the full and profound trial of the authority case and the parents' response.



Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...

Financial Remedies Handbook

Financial Remedies Handbook

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...

Available in Lexis®Library