Baby Gordon-Marten (Interim Care Order Hearing), Re

Baby Gordon-Marten (Interim Care Order Hearing), Re

Given the previous findings of significant risk, the circumstances of the baby's birth and lack of medical care, the parents' evasion of authorities, and the absence of less interventionist measures that would address the risks, it is necessary and proportionate to make an interim care order authorising removal of the child into foster care once located.

Parties
Applicant: A London Local Authority; Respondent: Constance Marten; Respondent: Mark Gordon; Respondent: Baby Gordon-Marten (Through a Service Manager, Cafcass)
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Family / Interim Care Order Hearing
Outcome
Interim Care Order granted
Legal Topics
Interim Care Order, Parental Responsibility, Child Welfare, Removal of Child, Threshold Criteria
Family Law Child Protection Interim Care Order Parental Responsibility Child Welfare Removal of Child Threshold Criteria

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Parties

A London Local Authority

Applicant

Constance Marten

Respondent

Mark Gordon

Respondent

Baby Gordon-Marten (Through a Service Manager, Cafcass)

Respondent

Procedural Posture

Family / Interim Care Order Hearing

Legal Issues

  1. 1 Whether threshold criteria under Children Act 1989, section 31 are met for an interim care order
  2. 2 Whether removal of the child from parental care is necessary and proportionate
  3. 3 Whether less interventionist orders could address the risks

Ratio Decidendi

Given the previous findings of significant risk, the circumstances of the baby's birth and lack of medical care, the parents' evasion of authorities, and the absence of less interventionist measures that would address the risks, it is necessary and proportionate to make an interim care order authorising removal of the child into foster care once located.

Court Disposition

Interim Care Order granted

Orders

  • Interim Care Order made for the duration of proceedings authorising removal of the child into foster care once located
  • Local Authority to be notified immediately when the baby is found