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The law on interim removal – where are we now?

Date:15 DEC 2021
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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) [2019] 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. 


The full article will be published in the January issue of Family Law

 

 

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.

 

 

 

 

 


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