Interim orders in public children proceedings


Published by a 老司机午夜福利 Family expert
Practice notes

Interim orders in public children proceedings


Published by a 老司机午夜福利 Family expert

Practice notes
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This Practice Note sets out the requirements in relation to interim orders in public children proceedings including the criteria and nature of interim orders and the duration, effect and termination of an interim order. It also provides guidance on assessments and examinations during interim proceedings. Interim orders include interim care orders (ICOs) and interim supervision orders (ISOs).

In C (A Child) (Interim Separation), the Court of Appeal described the ability to make an ICO under section 38 of the Children Act 1989 (ChA 1989) as 鈥榦ne of the family court's most significant powers鈥 and set out what it described as 鈥榓 consistent series of propositions鈥 in the relevant case law, ie that:

  1. 鈥

    an interim order is inevitably made at a stage when the evidence is incomplete and it should therefore only be made in order to regulate matters that cannot await the final hearing鈥攁n interim order is not intended to place any party to the proceedings at an advantage or a disadvantage

  2. 鈥

    the removal of a child from a parent is an interference

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Jurisdiction(s):
United Kingdom
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Key definition:
Requirements definition
What does Requirements mean?

A DCO should include 鈥淩equirements鈥 to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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