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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> G (A Child)  EWCA Civ 395 (28 March 2007)
Cite as:  EWCA Civ 395
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM NORFOLK COUNTY COURT
(HIS HONOUR JUDGE DARROCH)
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE SMITH
MR JUSTICE MUNBY
|IN THE MATTER OF G (A Child)|
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MR FLETCHER (instructed by the local authority) appeared on behalf of the Respondent.
Crown Copyright ©
Lord Justice Thorpe:
"All experts, social workers and guardian, agree the parents are able to meet [the child's] emotional and physical needs at the present time. I have already said that. I say it again."
The difficulty arose because, as he went on:
"Concern is based on expert evidence that at some time in the future emotional instability will result in emotional, possibly physical, harm to H. That is the substance of the case. It does go further in my view. The expert's point to real difficulties, real dangers, real risk, real uncertainty if [H] is placed with the mother."
"The principle has to be that the local authority works to support, and eventually to reunite, the family, unless the risks are so high that the child's welfare requires alternative family care."
Lady Justice Smith:
Mr Justice Munby:
Order: (1) Application granted. (2) Appeal allowed.