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4th Sep 2024 | Cases
Jonathan Sampson KC, instructed by Hogans Solicitors, led Natasha Johnson, 7 Harrington Street Chambers, in N (A Child) (Care Order: Welfare Evaluation) [2024] EWCA Civ 938; an appeal by a local authority from order that child N subject to interim care order should move to live with his father in Italy. Jonathan and Natasha represented the First Respondent mother.
The Local Authority, supported by the mother and the Guardian, appealed the order made on 12 February 2024 by Her Honour Judge Coppel. The order provided that N, a child currently living in foster care in England, should move to live with his father in Italy. The care proceedings were complex, involving three children with different fathers residing in different jurisdictions.
The appeal was grounded in the argument that the Judge failed to conduct a proper balancing exercise regarding N’s welfare, particularly concerning his relationships with his siblings, and the potential risks of living with his father who had previously been identified as manipulative and violent. Appeal allowed.