Family Law

(Court of Appeal, Simon, David Richards and Baker LJJ, 9 October 2019)

Public law children – Care order – Mother making application to discharge care orders – Circuit judge claiming not authorised to make injunctions under Human Rights Act 1988 and allowed mother’s application.

The Court of Appeal allowed the mother’s appeal. The court held that an injunction under the Human Rights Act 1998 to prevent the removal of children placed with parents under a care order could be made by any judge. 

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