G (Children), Re [2002] EWCA Civ 761 (20 May 2002)

G (Children), Re [2002] EWCA Civ 761 (20 May 2002)

The judge failed to provide adequate reasons for terminating the father's contact and did not sufficiently analyse the benefits of maintaining the parental link, especially given the uncertainty over which parent caused the injuries. The order granting the local authority permission to terminate contact was therefore flawed and must be discharged, with the issue to be reconsidered in the context of adoption.

Citation
[2002] EWCA Civ 761
Parties
Applicant First Respondent Father: Mr G; Respondent Local Authority: North Yorkshire County Council
Jurisdiction
England and Wales
Judgment Date
20 May 2002
Procedural Posture
Care Proceedings / Appeal / Appeal From Middlesbrough County Court Judgment and Order
Outcome
Appeal allowed; order of 1st March discharged; permission to appeal granted
Legal Topics
Care Proceedings, Contact Orders, Adoption, Section 34 Children Act 1989, Appeal Procedure
Family Law Child Law Care Proceedings Contact Orders Adoption Section 34 Children Act 1989 Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr G

Applicant First Respondent Father

North Yorkshire County Council

Respondent Local Authority

Procedural Posture

Care Proceedings / Appeal / Appeal From Middlesbrough County Court Judgment and Order

Legal Issues

  1. 1 Whether the judge erred in granting the local authority permission to terminate the father's contact with his children under section 34 of the Children Act 1989
  2. 2 Whether the judge gave adequate reasons for terminating the father's contact
  3. 3 Whether the issue of contact should be reconsidered in the context of adoption

Ratio Decidendi

The judge failed to provide adequate reasons for terminating the father's contact and did not sufficiently analyse the benefits of maintaining the parental link, especially given the uncertainty over which parent caused the injuries. The order granting the local authority permission to terminate contact was therefore flawed and must be discharged, with the issue to be reconsidered in the context of adoption.

Court Disposition

Appeal allowed; order of 1st March discharged; permission to appeal granted

Orders

  • Order of 1st March giving local authority permission to terminate father's contact discharged
  • Matter of contact to be reconsidered at adoption hearing on 7th June