T (A Child), Re [2001] EWCA Civ 1184 (17 July 2001)

T (A Child), Re [2001] EWCA Civ 1184 (17 July 2001)

The judge did not err in refusing the adjournment or in dismissing the application for leave to issue residence proceedings, as the application was hopeless and strategic. The orders for disclosure and costs, although arguably open to challenge due to the absence of the mother, may be reconsidered at an on notice hearing to ensure fairness and proper court management.

Citation
[2001] EWCA Civ 1184
Parties
Applicant/mother: Mrs Tilley; Respondent/father: Father of P; Subject Child: P (A Child)
Jurisdiction
England and Wales
Judgment Date
17 July 2001
Procedural Posture
Family Law Child Contact/residence / Application for Permission to Appeal Orders of 19 January 2001
Outcome
Application for permission to appeal adjourned for further on notice hearing; no order for costs.
Legal Topics
Child Contact, Residence Order, Adjournment, Legal Representation, Costs, Disclosure of Medical Records
Family Law Child Contact Residence Order Adjournment Legal Representation Costs Disclosure of Medical Records

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Parties

Mrs Tilley

Applicant/mother

Father of P

Respondent/father

P (A Child)

Subject Child

Procedural Posture

Family Law Child Contact/residence / Application for Permission to Appeal Orders of 19 January 2001

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application for adjournment to obtain legal representation
  2. 2 Whether the judge erred in dismissing the mother's application for leave to issue residence order proceedings
  3. 3 Whether the judge erred in making orders for disclosure of papers to medical professionals without notice to the mother

Ratio Decidendi

The judge did not err in refusing the adjournment or in dismissing the application for leave to issue residence proceedings, as the application was hopeless and strategic. The orders for disclosure and costs, although arguably open to challenge due to the absence of the mother, may be reconsidered at an on notice hearing to ensure fairness and proper court management.

Court Disposition

Application for permission to appeal adjourned for further on notice hearing; no order for costs.

Orders

  • Application for permission to appeal adjourned for on notice hearing.
  • Mother to serve and file a succinct record of efforts to obtain legal representation at least 48 hours before the hearing.