S-B (Children), Re

The judge was entitled to conclude, based on the evidence and the children's wishes, that only indirect contact was in their best interests and that a broad s91(14) order for four years was necessary to protect the children from further litigation and promote their welfare.

Parties: Appellant/mother: RS; Respondent/father: HS; Subject Child: R (child); Subject Child: M (child)
Jurisdiction: England and Wales
Judgment Date: 09 July 2015
Procedural Posture: Appeal Child Arrangements Order / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Child Arrangements, Contact Orders, Section 91(14) Orders, Litigation Restraint Orders

Family Law Child Arrangements Contact Orders Section 91(14) Orders Litigation Restraint Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant/mother

Respondent/father

R (child)

Subject Child

M (child)

Subject Child

Procedural Posture

Appeal Child Arrangements Order / Appeal Judgment

Legal Issues

1 Whether the judge erred in making an order for indirect contact only between the mother and children
2 Whether the judge erred in making a s91(14) Children Act 1989 order prohibiting further applications without leave of court
3 Whether the duration and breadth of the s91(14) order was appropriate

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Indirect contact order between mother and children affirmed
Section 91(14) Children Act 1989 order prohibiting mother from making further applications without leave of court until 3 August 2018 affirmed