S (a child), Re

S (a child), Re

The Recorder erred in closing the door to future contact and in refusing a psychological assessment of the family. The welfare of the child required further exploration of the possibility of contact, and the section 91(14) order was not justified on the evidence. The appeal was allowed to the extent of ordering a joint psychiatric assessment and setting aside the section 91(14) order.

Parties
Subject: Re S (A child); Appellant's Advocate: Ms J. Richards; Respondent's Advocate: Mr G. Ford
Jurisdiction
England and Wales
Judgment Date
28 January 2004
Procedural Posture
Family Law Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed in part
Legal Topics
Contact Orders, Section 8 Applications, Section 91(14) Children Act 1989, Welfare of the Child, Parental Responsibility
Family Law Child Law Contact Orders Section 8 Applications Section 91(14) Children Act 1989 Welfare of the Child Parental Responsibility

Case Brief

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Parties

Re S (A child)

Subject

Ms J. Richards

Appellant's Advocate

Mr G. Ford

Respondent's Advocate

Procedural Posture

Family Law Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the Recorder erred in dismissing the father's application for direct contact with his child.
  2. 2 Whether the Recorder erred in refusing a psychological assessment of the child and family.
  3. 3 Whether the Recorder erred in imposing a section 91(14) bar on further applications by the father.

Ratio Decidendi

The Recorder erred in closing the door to future contact and in refusing a psychological assessment of the family. The welfare of the child required further exploration of the possibility of contact, and the section 91(14) order was not justified on the evidence. The appeal was allowed to the extent of ordering a joint psychiatric assessment and setting aside the section 91(14) order.

Court Disposition

Appeal allowed in part

Orders

  • Parties to jointly instruct a consultant child and adolescent psychiatrist to assess the family and prospects of future contact.
  • Case to be restored to a circuit judge for directions after the psychiatric report is filed.