Interim orders in public children proceedings


Published by a UUֱ Family expert
Practice notes

Interim orders in public children proceedings


Published by a UUֱ 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 ‘one of the family court's most significant powers’ and set out what it described as ‘a consistent series of propositions’ in the relevant case law, ie that:

  1. •

    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—an interim order is not intended to place any party to the proceedings at an advantage or a disadvantage

  2. •

    the removal of a child from a parent is an interference

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

A DCO should include “Requirements” 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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