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Re X: withdrawal of care order application
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Permission to appeal out of time against a care order
Re X (A Child) (No 3)  EWHC 2755 (Fam)
Sir James Munby P (2 November 2016) is an important case for at least three procedural reasons quite apart from its unusual facts. First the facts then a review of the procedural points.
A child X had been made the subject of a care and placement order in 2013 in respect of metaphyseal fractures said to have caused by one or both parents which both of them denied. They applied to join in adoption proceedings when issued; but were refused. An adoption order was made. There were no appeals by the parents against any of these orders. They were tried in the Crown Court and the case against them dismissed on a direction by the trial judge. The Crown had abandoned its case after the hearing of the expert evidence.
The parents applied for permission to appeal out of time against the care order which appeal – agreed by the local authority – was allowed by the Court of Appeal. Further evidence was now...
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