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Family proceedings – Orders in family proceedings. Within the context of care proceedings, a care and placement order was made in respect of a child. The parents appealed and the county court judge found that the justices had erred in law. She then undertook her own welfare analysis and proportionality assessment and remade the decision. The father appealed the care and placement order made by the judge. The Court of Appeal, Civil Division, gave guidance on when an appellate judge could remake a decision or whether the matter should be reheard. The father's appeal was allowed and the matter remitted for rehearing.
Family proceedings – Orders in family proceedings. Within the context of care proceedings, a care and placement order was made in respect of a child. The parents appealed and the county court judge found that the justices had erred in law. She then undertook her own welfare analysis and proportionality assessment and remade the decision. The father appealed the care and placement order made by the judge. The Court of Appeal, Civil Division, gave guidance on when an appellate judge could remake a decision or whether the matter should be reheard. The father's appeal was allowed and the matter remitted for rehearing.
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