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Legal Update: Court Report - Rejection of natural parent presumption

Case name Re E-R (A Child)

Case number [2015] EWCA Civ 405

Case location Court of Appeal (Civil Division)

Judges Lady Justice King, Lord Justice Laws

This case concerned an appeal against a child arrangements order for a five-year-old girl, T, to live with her father and his partner following the death of T's mother. The principal question facing the Court of Appeal was whether the family court judge had erred in law by conducting an analysis of the child's best interests on the basis of a "broad natural parent presumption in existence under our law". The appeal judges answered this question in the positive, and accepted the appeal on this basis alone.

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