G (A Child), Re [2008] EWCA Civ 1468 (06 November 2008)

G (A Child), Re [2008] EWCA Civ 1468 (06 November 2008)

The judge erred in imposing a section 91(14) order as the circumstances did not meet the threshold set out in Re P; there was no evidence of repeated or unreasonable applications or detriment to the child or primary carer. The making of a residence order without proper notice or opportunity for the father to respond was procedurally unfair. Both orders were set aside.

Citation
[2008] EWCA Civ 1468
Parties
Applicant Father: Mr G; Respondent Mother: Ms C Street (on behalf of the Respondent Mother)
Jurisdiction
England and Wales
Judgment Date
06 November 2008
Procedural Posture
Family Law Appeal / Appeal From Orders of HHJ Shawcross in the Principal Registry of the Family Division
Outcome
Appeal allowed
Legal Topics
Child Contact, Residence Orders, Section 91(14) Children Act 1989, Procedural Fairness
Family Law Child Contact Residence Orders Section 91(14) Children Act 1989 Procedural Fairness

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Parties

Mr G

Applicant Father

Ms C Street (on behalf of the Respondent Mother)

Respondent Mother

Procedural Posture

Family Law Appeal / Appeal From Orders of HHJ Shawcross in the Principal Registry of the Family Division

Legal Issues

  1. 1 Whether the imposition of a section 91(14) Children Act 1989 order restraining further applications was justified
  2. 2 Whether the making of a residence order in favour of the mother without proper notice or application was procedurally fair

Ratio Decidendi

The judge erred in imposing a section 91(14) order as the circumstances did not meet the threshold set out in Re P; there was no evidence of repeated or unreasonable applications or detriment to the child or primary carer. The making of a residence order without proper notice or opportunity for the father to respond was procedurally unfair. Both orders were set aside.

Court Disposition

Appeal allowed

Orders

  • Section 91(14) order set aside
  • Residence order in favour of the mother set aside