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In re M (Children) (Care order: Removal): CA 3 Nov 2005

The parents appealed an interim care order.
Held: The court making such a decision must balance not only the danger to te child proposed by the local authority, but also the damage which would be caused by separating the child from the parents. The parents had not been given an opportunity to cross examine the guardian ad litem who had filed new evidence on the morning of the hearing. This was unfair. It was an unusual case because attempts to remove older siblings had failed because they had been very clearly in favour of staying at home.

Judges:

Thorpe LJ

Citations:

Times 11-Nov-2005

Jurisdiction:

England and Wales

Children

Updated: 28 May 2022; Ref: scu.235826

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