C (A Child) [2005] EWCA Civ 1705 (08 December 2005)

C (A Child) [2005] EWCA Civ 1705 (08 December 2005)

Permission to appeal is granted because the issues raised about the purpose, scope, and function of long-term injunctions in Children Act proceedings are of public importance and merit consideration by a full court.

Citation
[2005] EWCA Civ 1705
Parties
Applicant Father: Mr SC; Respondent Mother: Mrs C
Jurisdiction
England and Wales
Judgment Date
08 December 2005
Procedural Posture
Family Law Appeal / Application for Permission to Appeal From High Court Order
Outcome
Permission to appeal granted; permission to file appellant's notice out of time granted.
Legal Topics
Children Act Proceedings, Publicity and Confidentiality, Long Term Injunctions, Shared Parenting Agreements
Family Law Injunctions Children Act Proceedings Publicity and Confidentiality Long Term Injunctions Shared Parenting Agreements

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Parties

Mr SC

Applicant Father

Mrs C

Respondent Mother

Procedural Posture

Family Law Appeal / Application for Permission to Appeal From High Court Order

Legal Issues

  1. 1 Whether the continuation of a long-term injunction restraining publicity about a child is justified
  2. 2 Whether the applicant father should be permitted to appeal the refusal to discharge the injunction

Ratio Decidendi

Permission to appeal is granted because the issues raised about the purpose, scope, and function of long-term injunctions in Children Act proceedings are of public importance and merit consideration by a full court.

Court Disposition

Permission to appeal granted; permission to file appellant's notice out of time granted.

Orders

  • Appeal to be heard by a court of three judges, two with family experience if possible.
  • Time estimate for hearing set at half a day, subject to change if other cases are joined.