O (Children), Re [2002] EWCA Civ 1011 (19 April 2002)

O (Children), Re [2002] EWCA Civ 1011 (19 April 2002)

The application for permission to appeal was refused because there was no reasonable prospect of success. The judge found that the applicant father's obsession with perceived injustices and inability to separate his own feelings from the children's needs had caused emotional harm to the children. The court held that unless the applicant demonstrated a significant change in attitude and conduct, further contact would not be in the children's best interests.

Citation
[2002] EWCA Civ 1011
Parties
Applicant Father: Mr O; Respondent Mother: Mother
Jurisdiction
England and Wales
Judgment Date
19 April 2002
Procedural Posture
Family Law Contact Application (children) / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Application for permission to appeal dismissed
Legal Topics
Child Contact, Leave to Appeal, Parental Rights, Emotional Harm, Best Interests of the Child
Family Law Child Contact Leave to Appeal Parental Rights Emotional Harm Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

Mr O

Applicant Father

Mother

Respondent Mother

Procedural Posture

Family Law Contact Application (children) / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the applicant father should be granted permission to appeal the refusal of contact with his children
  2. 2 Whether the lower court erred in its assessment of the father's conduct and its impact on the children
  3. 3 Whether the applicant's human rights under Article 8 ECHR were breached

Ratio Decidendi

The application for permission to appeal was refused because there was no reasonable prospect of success. The judge found that the applicant father's obsession with perceived injustices and inability to separate his own feelings from the children's needs had caused emotional harm to the children. The court held that unless the applicant demonstrated a significant change in attitude and conduct, further contact would not be in the children's best interests.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Transcript of judgment to be supplied to applicant father at public expense