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

Care proceedings under Part IV of the Children Act 1989 (‘CA 1989’) were issued by the Family Court in Chelmsford in early 2023 in relation to three boys: L (now aged 9), Y (now aged 5) and N (now aged 3).

These proceedings were in their 128^th week when they were listed for an Issues Resolution Hearing (‘IRH’) before Her Honour Judge Shanks (‘the judge’) in June 2025. We were told that this was the twelfth hearing within the proceedings; by the time of this hearing, the filed documents exceeded 1700 pages. The applicant for care orders (the ‘local authority’), supported by the Children’s Guardian, encouraged the judge to make final care orders at the IRH. The parents opposed the making of final orders at that stage, and invited the judge to list the applications for a final hearing. The judge heard brief oral submissions, and made final care orders.

It is against the final orders made in relation to Y and N that the Appellant, who is the father of N, and was for a period of time the main carer for Y (and hereafter is referred to as ‘the father’), appeals to this court. Permission to appeal was granted on 2 October 2025 and the appeal was listed as a matter of expedition. The father is supported in the appeal by the children’s mother. The appeal is opposed by the local authority and Children’s Guardian.

At the conclusion of the appeal hearing, we announced that the appeal would be allowed, and that the care orders in respect of Y and N would be set aside. We substituted interim care orders and remitted the care applications for case management by the Family Court at Chelmsford on 24 October 2025.