Baby Gordon-Marten (Interim Care Order Hearing), Re [2023] EWFC 308 (B) (20 January 2023)

Baby Gordon-Marten (Interim Care Order Hearing), Re [2023] EWFC 308 (B) (20 January 2023)

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 options, it is necessary and proportionate to make an interim care order authorising removal of the baby into foster care until the family is located and the matter can be reconsidered.

Citation
[2023] EWFC 308 (B)
Parties
Parent: Constance Dorothea Marten; Parent: Mark Gordon; Child: Unknown baby; Applicant: Local Authority; Supporting Party: CAFCASS
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Interim Care Order Application / Interim Hearing
Outcome
Interim Care Order granted
Legal Topics
Interim Care Order, Parental Responsibility, Child Welfare, Threshold Criteria, Removal of Child, Welfare Checklist, Proportionality, Flight Risk
Family Law Child Protection Interim Care Order Parental Responsibility Child Welfare Threshold Criteria Removal of Child Welfare Checklist +2 more

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Parties

Constance Dorothea Marten

Parent

Mark Gordon

Parent

Unknown baby

Child

Local Authority

Applicant

CAFCASS

Supporting Party

Procedural Posture

Interim Care Order Application / Interim Hearing

Legal Issues

  1. 1 Whether threshold criteria under CA 1989, s31 are met for interim care order
  2. 2 Whether removal of the baby from parental care is necessary and proportionate
  3. 3 Whether less interventionist orders would suffice

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 options, it is necessary and proportionate to make an interim care order authorising removal of the baby into foster care until the family is located and the matter can be reconsidered.

Court Disposition

Interim Care Order granted

Orders

  • Interim Care Order made for the duration of proceedings
  • Local Authority authorised to remove the baby from parents and place in foster care