P-S (Children)

P-S (Children)

The trial judge correctly applied the law, exercised his discretion appropriately, and provided sufficient reasoning for the partial removal of the two younger children; the complaint regarding lack of warning was not raised at trial and would not have altered the outcome.

Parties
Appellant: Mother; First Respondent: Northumberland County Council; Second Respondent: Mr D; Third Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
11 February 2009
Procedural Posture
Appeal / Application for Permission to Appeal (interim Care Order)
Outcome
Application for permission to appeal refused
Legal Topics
Interim Care Orders, Removal of Children From Parental Care, Discretion of Trial Judge
Family Law Child Protection Interim Care Orders Removal of Children From Parental Care Discretion of Trial Judge

Case Brief

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Parties

Mother

Appellant

Northumberland County Council

First Respondent

Mr D

Second Respondent

Guardian

Third Respondent

Procedural Posture

Appeal / Application for Permission to Appeal (interim Care Order)

Legal Issues

  1. 1 Whether the trial judge erred in granting a partial interim care order removing two younger children from the mother's care
  2. 2 Whether the mother had sufficient opportunity to address the judge's concerns regarding partial removal

Ratio Decidendi

The trial judge correctly applied the law, exercised his discretion appropriately, and provided sufficient reasoning for the partial removal of the two younger children; the complaint regarding lack of warning was not raised at trial and would not have altered the outcome.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal is refused.