T (A Child), Re [2010] EWMC 34 (FPC)

The court found reasonable grounds to believe T is suffering or likely to suffer significant harm due to parental alcohol misuse and domestic violence, and that an interim care order is necessary and proportionate to safeguard T's welfare.

Citation: [2010] EWMC 34 (FPC)
Parties: Applicant: X Local Authority; 1st Respondent: Miss R; 2nd Respondent: Mr M; 3rd Respondent: T (a child through his Children’s Guardian)
Jurisdiction: England and Wales
Procedural Posture: Family Proceedings – Interim Care Order Application / Interim Hearing
Outcome: Interim Care Order granted
Legal Topics: Interim Care Order, Threshold Criteria, Welfare Checklist, Parental Responsibility, Article 8 ECHR

Family Law Child Protection Interim Care Order Threshold Criteria Welfare Checklist Parental Responsibility Article 8 ECHR

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Parties

X Local Authority

Applicant

Miss R

1st Respondent

Mr M

2nd Respondent

T (a child through his Children’s Guardian)

3rd Respondent

Procedural Posture

Family Proceedings – Interim Care Order Application / Interim Hearing

Legal Issues

1 Whether the threshold criteria for an interim care order under s.38 Children Act 1989 are met
2 Whether an interim care order is necessary and proportionate to safeguard the child's welfare

Ratio Decidendi

Court Disposition

Interim Care Order granted

Orders

Interim Care Order in respect of T until 8 September 2010 at 6pm
No order regarding contact; contact arrangements at the discretion of the Local Authority