C (A Child), Re [2009] EWCA Civ 674 (23 April 2009)

C (A Child), Re [2009] EWCA Civ 674 (23 April 2009)

The section 91(14) order was set aside because it was made without notice, without proper explanation to the unrepresented mother, and for a disproportionate duration, contrary to established procedural safeguards and appellate authority. The refusal of unsupervised contact was upheld as the judge acted within his discretion on the evidence available at the time.

Citation
[2009] EWCA Civ 674
Parties
Appellant / Mother: Miss Cahill; Respondent / Father: Respondent Father
Jurisdiction
England and Wales
Judgment Date
23 April 2009
Procedural Posture
Family Law Appeal / Appeal From County Court Decision on Contact and Section 91(14) Order
Outcome
Appeal allowed in part
Legal Topics
Child Contact, Section 91(14) Children Act 1989, Procedural Fairness, Litigants in Person
Family Law Child Contact Section 91(14) Children Act 1989 Procedural Fairness Litigants in Person

Case Brief

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Parties

Miss Cahill

Appellant / Mother

Respondent Father

Respondent / Father

Procedural Posture

Family Law Appeal / Appeal From County Court Decision on Contact and Section 91(14) Order

Legal Issues

  1. 1 Whether the judge erred in refusing unsupervised contact to the mother
  2. 2 Whether the section 91(14) order was properly made

Ratio Decidendi

The section 91(14) order was set aside because it was made without notice, without proper explanation to the unrepresented mother, and for a disproportionate duration, contrary to established procedural safeguards and appellate authority. The refusal of unsupervised contact was upheld as the judge acted within his discretion on the evidence available at the time.

Court Disposition

Appeal allowed in part

Orders

  • Section 91(14) order set aside; mother at liberty to bring further applications in county court
  • Refusal of unsupervised contact upheld