CA-2025-001731 - [2025] EWCA Civ 1342

It is for the reasons discussed above that I indicated my support for this appeal to be allowed at the conclusion of the hearing. We have already indicated that the care orders in relation to N and Y will be discharged, and substituted for the time being by interim care orders pending further hearing at the Family Court. The application for care orders will be remitted forthwith to Family Court in Chelmsford, for urgent case management, on 24 October 2025. It is, of course, highly regrettable that the appeal process has added yet further to the delays.

One final word. Although the father has succeeded in persuading this court to set aside the care orders concerning N and Y at this stage, I would not wish him to take any specific encouragement from this outcome in his ambition to care in the long-term for either or both of the boys. His case at the final hearing will require careful examination on up-to-date evidence.

I joined in the decision described in paragraph 4 of the judgment of Cobb LJ for the reasons set out in his judgment

I agree.