Q (Child: Interim Care Order: Jurisdiction), Re

Q (Child: Interim Care Order: Jurisdiction), Re

No interim care or supervision order will endure beyond the date of a child’s seventeenth birthday or the date of a child’s marriage if aged sixteen. Interim care and supervision orders made for a period during which the child turns either seventeen or gets married (if aged sixteen) are impermissible. The court’s jurisdiction to make such orders is strictly limited by the age thresholds set out in the Children Act 1989.

Parties
Applicant: Local Authority; Respondent: Mother; Respondent: Father; Subject Child: Q; Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
07 March 2019
Procedural Posture
Care Proceedings / Interlocutory Judgment on Jurisdiction
Outcome
Interim care order will cease to have effect on the day Q turns seventeen; no further interim care order will be made.
Legal Topics
Interim Care Orders, Jurisdiction, Age Thresholds, Children Act 1989
Family Law Child Law Interim Care Orders Jurisdiction Age Thresholds Children Act 1989

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Parties

Local Authority

Applicant

Mother

Respondent

Father

Respondent

Q

Subject Child

Children’s Guardian

Guardian

Procedural Posture

Care Proceedings / Interlocutory Judgment on Jurisdiction

Legal Issues

  1. 1 Whether an interim care order can subsist after the subject child reaches their seventeenth birthday under section 38 of the Children Act 1989

Ratio Decidendi

No interim care or supervision order will endure beyond the date of a child’s seventeenth birthday or the date of a child’s marriage if aged sixteen. Interim care and supervision orders made for a period during which the child turns either seventeen or gets married (if aged sixteen) are impermissible. The court’s jurisdiction to make such orders is strictly limited by the age thresholds set out in the Children Act 1989.

Court Disposition

Interim care order will cease to have effect on the day Q turns seventeen; no further interim care order will be made.

Orders

  • Matter listed for further case management hearing to determine whether public law proceedings should continue in respect of Q.