A-T (Children)

A-T (Children)

The judge's order was unrealistic and unachievable, serving only to prolong litigation and harm the mother's health, contrary to the children's best interests. The appeal was allowed, the unworkable directions were set aside, and a family assistance order and a section 91(14) prohibition were substituted to protect the children and mother.

Parties
Father/respondent: Fosso Taga; Mother/applicant: Sadatou Idowu; Guardian/appellant: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
14 May 2008
Procedural Posture
Family Law Children / Appeal From Final Hearing Order
Outcome
Appeal allowed
Legal Topics
Child Contact, Parental Responsibility, Domestic Violence, Family Assistance Order, Section 91(14) Prohibition
Family Law Child Contact Parental Responsibility Domestic Violence Family Assistance Order Section 91(14) Prohibition

Case Brief

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Parties

Fosso Taga

Father/respondent

Sadatou Idowu

Mother/applicant

Children's Guardian

Guardian/appellant

Procedural Posture

Family Law Children / Appeal From Final Hearing Order

Legal Issues

  1. 1 Whether the judge erred in failing to make a final order regarding contact and instead made unrealistic directions
  2. 2 Whether the continuation of litigation was contrary to the interests of the children and the mother
  3. 3 Whether the court had jurisdiction to order the instruction of a child and adolescent psychiatrist

Ratio Decidendi

The judge's order was unrealistic and unachievable, serving only to prolong litigation and harm the mother's health, contrary to the children's best interests. The appeal was allowed, the unworkable directions were set aside, and a family assistance order and a section 91(14) prohibition were substituted to protect the children and mother.

Court Disposition

Appeal allowed

Orders

  • Paragraphs 4 to 11 of the judge’s order set aside
  • Family assistance order for six months addressed to the Guardian, mother, and children (not father)