K (Children), Re [2002] EWCA Civ 1424 (4 October 2002)

K (Children), Re [2002] EWCA Civ 1424 (4 October 2002)

The Recorder's refusal of direct contact, restriction of parental responsibility, and imposition of a section 91(14) order were justified by the evidence, the children's clear wishes, and the paramountcy of their welfare. There was no real prospect of success on appeal, and no error of law or principle was identified.

Citation
[2002] EWCA Civ 1424
Parties
Applicant Father: PK; Respondent Mother: Mother
Jurisdiction
England and Wales
Judgment Date
04 October 2002
Procedural Posture
Family Law Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Child Contact, Section 8 Orders, Section 91(14) Children Act 1989, Parental Responsibility, Welfare of the Child
Family Law Child Contact Section 8 Orders Section 91(14) Children Act 1989 Parental Responsibility Welfare of the Child

Case Brief

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Parties

PK

Applicant Father

Mother

Respondent Mother

Procedural Posture

Family Law Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Recorder erred in refusing direct contact between father and children
  2. 2 Whether the Recorder erred in restricting father's parental responsibility regarding education
  3. 3 Whether the Recorder erred in refusing disclosure of information about the children

Ratio Decidendi

The Recorder's refusal of direct contact, restriction of parental responsibility, and imposition of a section 91(14) order were justified by the evidence, the children's clear wishes, and the paramountcy of their welfare. There was no real prospect of success on appeal, and no error of law or principle was identified.

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