Cecilia Barrett in Re B (A Child) [2015] EWCA Civ 974

The Judge at first instance heard submissions and considered a section 47 report prepared by social workers, along with a letter from the child’s school. The Judge made an order that in the interim the child should return to live with the Mother pending a full investigation of the issues.

On appeal the Father argued that the Judge’s decision had been premature. The Court of Appeal rejected that submission, concluding that it was a matter of discretion for the Judge.  The Court reiterated guidance in respect of short term interim decisions made in private law cases; it must be “extremely plain” that the first instance Judge was in error before a higher court will interfere with an interim child arrangements order.