Interim orders in public children proceedings

The following Family practice note provides comprehensive and up to date legal information covering:

  • Interim orders in public children proceedings
  • Principles
  • Criteria for interim order
  • Nature of an interim order
  • Contesting an interim order
  • Changing the type of interim order
  • Lay justices
  • General approach
  • Reasons
  • Interim care orders and removal of the child
  • More...

Interim orders in public children proceedings

This Practice Note sets out the requirements in relation to interim orders in public children proceedings including the criteria and nature of interim orders and the duration, effect and termination of an interim order. It also provides guidance on assessments and examinations during interim proceedings. Interim orders include interim care orders (ICOs) and interim supervision orders (ISOs).

In C (A Child) (Interim Separation), the Court of Appeal described the ability to make an ICO under section 38 of the Children Act 1989 (ChA 1989) as ‘one of the family court's most significant powers’ and set out what it described as ‘a consistent series of propositions’ in the relevant case law, ie that:

  1. an interim order is inevitably made at a stage when the evidence is incomplete and it should therefore only be made in order to regulate matters that cannot await the final hearing—an interim order is not intended to place any party to the proceedings at an advantage or a disadvantage

  2. the removal of a child from a parent is an interference with their right to respect for family life under Article 8 of the European Convention on Human Rights (ECHR) as to the right to family life and removal at an interim stage is a particularly sharp interference, which is compounded in the case of a baby where

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