N (A Child), Re

N (A Child), Re

The father is bound by the consent he gave to the dismissal of his application for a residence order, as evidenced by his signature on the order and his conduct in court. The order should be sealed in the precise form agreed and signed by the parties, with only typographical corrections and the addition of the agreed costs provision.

Parties
Applicant (father): A; First Respondent (mother): G; Second Respondent (child): N (by his guardian, CP)
Jurisdiction
England and Wales
Judgment Date
05 September 2008
Procedural Posture
Private Law Proceedings Under Section 8 of the Children Act 1989 / Post Hearing, Judgment on Sealing of Consent Order
Outcome
Consent order to be sealed as agreed and signed by the parties, with minor corrections and addition of costs provision.
Legal Topics
Consent Orders, Residence Orders, Children Act 1989, Sealing of Orders, Finality of Consent
Family Law Consent Orders Residence Orders Children Act 1989 Sealing of Orders Finality of Consent

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Parties

A

Applicant (father)

G

First Respondent (mother)

N (by his guardian, CP)

Second Respondent (child)

Procedural Posture

Private Law Proceedings Under Section 8 of the Children Act 1989 / Post Hearing, Judgment on Sealing of Consent Order

Legal Issues

  1. 1 Whether the father consented to the dismissal of his application for a residence order
  2. 2 Whether the consent order should be sealed as agreed by the parties

Ratio Decidendi

The father is bound by the consent he gave to the dismissal of his application for a residence order, as evidenced by his signature on the order and his conduct in court. The order should be sealed in the precise form agreed and signed by the parties, with only typographical corrections and the addition of the agreed costs provision.

Court Disposition

Consent order to be sealed as agreed and signed by the parties, with minor corrections and addition of costs provision.

Orders

  • Order to be sealed in the terms of the draft entitled 'A Final Draft Order (as signed, typos corrected)' including as paragraph 29 the words 'There be no order as to costs save detailed assessment of the costs of the child by his Guardian.'