H (A Child) [2006] EWCA Civ 896 (9 June 2006)

The judge erred in refusing to consult NYAS and in making a final decision without considering further material on the benefits of NYAS's involvement. This constituted an error of principle in the exercise of discretion, particularly given the intractable nature of the dispute and the father's disability. The appeal was allowed, NYAS was joined as guardian, and directions were given for coordinated professional involvement.

Citation: [2006] EWCA Civ 896
Parties: Appellant Father: Mr H; Child: G (a child); Respondent Mother: Mrs P
Jurisdiction: England and Wales
Judgment Date: 09 June 2006
Procedural Posture: Family Law Child Contact and Representation / Appeal From Southend County Court Decision Refusing Joinder of NYAS as Guardian for the Child
Outcome: Appeal allowed
Legal Topics: Child Contact, Appointment of Guardian, Joinder of Parties, Exercise of Judicial Discretion, Case Management

Family Law Child Contact Appointment of Guardian Joinder of Parties Exercise of Judicial Discretion Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2

Parties

Mr H

Appellant Father

G (a child)

Child

Mrs P

Respondent Mother

Procedural Posture

Family Law Child Contact and Representation / Appeal From Southend County Court Decision Refusing Joinder of NYAS as Guardian for the Child

Legal Issues

1 Whether the judge erred in refusing to join NYAS as guardian for the child and to allow the child to be separately represented
2 Whether the judge properly exercised his discretion in case management and appointment of professionals

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

NYAS joined as party and appointed as guardian for the child
NYAS (Mrs Provan) to coordinate with Dr Willemsen on programme of work to facilitate contact