Clarissa Wigoder, Barrister, 4PB
Mani Singh Basi, Barrister, 4PB
This article reviews the development of the law on interim separation/removal in care proceedings since the judgment of the Court of Appeal in Re C (A Child)  EWCA Civ 1998. While the guidance in Re C has been endorsed in subsequent Court of Appeal judgments, recent cases reveal the nuances and difficulties faced by courts in applying this guidance in the face of urgent applications accompanied by often limited evidence. The court must consider all elements of a child’s welfare and put appropriate weight on the potential emotional harm of separation, all realistic alternatives must be fully explored and considered, but the court must ensure that it does not overlook the realities on the ground where there is no safe alternative to separation.