A COUPLE whose baby girl was taken from them after her skull suffered multiple fractures could be reunited with her after judges heard she has an ‘eggshell skull’.

The parents, from Swindon, faced suspicion after their daughter’s life-threatening condition was spotted by medics in summer 2010.

London’s Appeal Court heard the child was “lively and playful” when examined – at a stage when one medical expert said she should have been either dead, or in a deep coma, given the extent of the fractures to her skull, which looked like crazy paving.

However, his view that she must have a bone disorder for there to be so many fractures without any significant brain injury was at odds with another expert, who concluded she had a ‘normal’ skeleton.

In August this year, a family judge ruled the child’s injuries were “non-accidental” and that the father was the most likely perpetrator.

That decision followed a fact-finding hearing, ahead of final care proceedings to decide where the child – who has been cared for by a relative since the case began – should ultimately live.

However, the ruling was yesterday overturned by three Appeal Court judges.

Lawyers acting for the father, whose case is supported by the mother, told the court the child was taken to hospital while she was still in infancy and the fractures were discovered.

Frank Feehan QC said: “Although she had suffered extensive fractures, she presented in hospital as lively and playful when seen at a stage when she should have been either dead, or in a severe coma.”

Her parents maintained the injuries were accidental, with her father admitting he had dropped her the day before.

The court heard there was also evidence from family friends that the child had appeared healthy in the days before her admission.

But Judge Katharine Marshall, sitting at Swindon County Court, found the baby may not have been in pain when she was seen by doctors, because her injuries had occurred a few days earlier.

Challenging her ruling, Mr Feehan said one expert concluded the “only logical” explanation of the girl’s injuries was an underlying bone condition.

That view contrasted with that of another doctor who, after seeing X-rays, concluded there were no problems with the child’s skeleton and the injuries must have been the result of a forceful, non-accidental, blow.

Mr Feehan argued that the judge did not take enough account of other evidence.

Lord Justice Munby, sitting with Lord Justice Irwin and Sir Stephen Sedley, allowed the father’s appeal and said the case should be heard afresh by a different family judge.

The court will give full reasons for its decision later.