E (children), Re

E (children), Re

The applicant was hopelessly out of time for the first two orders and failed to provide exceptional reasons for an extension. The findings of fact by the trial judge were justified on the evidence. The applicant failed to demonstrate any arguable case for contact or that a new judicial investigation was needed. There was no real prospect of success on appeal.

Parties
Applicant/father: Mr E; Respondent/mother: Mother (name not provided)
Jurisdiction
England and Wales
Judgment Date
20 December 2005
Procedural Posture
Civil Family (children) / Application for Permission to Appeal and Extension of Time
Outcome
Application for permission to appeal refused. Application for extension of time refused.
Legal Topics
Contact Orders, Prohibited Steps Orders, Section 91(14) Children Act 1989, Extension of Time, Permission to Appeal
Family Law Child Law Contact Orders Prohibited Steps Orders Section 91(14) Children Act 1989 Extension of Time Permission to Appeal

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Parties

Mr E

Applicant/father

Mother (name not provided)

Respondent/mother

Procedural Posture

Civil Family (children) / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the applicant father should be granted an extension of time to appeal previous orders
  2. 2 Whether the applicant father should be granted permission to appeal against orders refusing contact and imposing prohibitions under Section 91(14) Children Act 1989

Ratio Decidendi

The applicant was hopelessly out of time for the first two orders and failed to provide exceptional reasons for an extension. The findings of fact by the trial judge were justified on the evidence. The applicant failed to demonstrate any arguable case for contact or that a new judicial investigation was needed. There was no real prospect of success on appeal.

Court Disposition

Application for permission to appeal refused. Application for extension of time refused.

Orders

  • Application for permission to appeal refused
  • Application for extension of time refused