Max Lansman summarises a judgment for Family Law Week where the Court of Appeal overturned a decision to authorise interim removal of 3 children from their parents' care.
Lord Justice Baker sets out the Court of Appeal's 3 most prominent reasons for interfering with the judgment at first instance.
He also reminds courts and practitioners to follow the course identified by Peter Jackson LJ in Re N. Unless the child's safety and welfare require their immediate removal, the court should always allow an unsuccessful party the opportunity to apply to the appellate court.