Source: All England Reporter
Publisher Citation: [2001] All ER (D) 208 (May)
Court: Court of Appeal, Civil Division

Dame Elizabeth Butler-Sloss P, Thorpe and Waller LJJ

Representation Elizabeth Lawson QC and Laraine Roblin for the mother.
  Pamela Scriven QC and Sean Devine for the authority.
  James Tillyard for the guardian ad litem.
  Joanna Wood for the father.
Judgment Dates: 16 May 2001


Family proceedings - Orders in family proceedings - Care order - Application for discharge of care order - Judge refusing to adjourn application for discharge of care order - Whether judge in error.

The Case

On the facts of the instant case, the judge had been entitled to refuse to adjourn an application by the natural parents of the child to discharge the care order pending the continuing assessment as to whether they were capable of taking over the care of the child, on the ground that the further delay would have been too great for the child, who was by then nearly three years old, and who had formed a very strong attachment to his foster carers.

Practice Areas

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