F (Children) , Re

F (Children) , Re

The judge found no reasonable prospect of success in challenging the residence and indirect contact orders, as the trial judge had exercised discretion properly, relying on expert and guardian evidence. The section 91(14) order barring applications for two years was arguable and should be listed for permission to appeal after the outcome of the financial appeal. The financial orders regarding sale of the home and division of proceeds should be fully considered on appeal before the High Court, with any further appeal to be consolidated.

Parties
Applicant Father: Mr LTF; Respondent Mother: LMF
Jurisdiction
England and Wales
Judgment Date
08 November 2005
Procedural Posture
Family / Application for Permission to Appeal Orders From High Court (family Division)
Outcome
Permission to appeal against residence and contact orders refused; application for permission to appeal section 91(14) order adjourned pending outcome of financial appeal; application for permission to appeal Black J's order adjourned generally with liberty to restore.
Legal Topics
Residence of Children, Contact Orders, Ancillary Relief, Section 91(14) Children Act 1989, Sale of Matrimonial Home
Family Law Residence of Children Contact Orders Ancillary Relief Section 91(14) Children Act 1989 Sale of Matrimonial Home

Case Brief

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Parties

Mr LTF

Applicant Father

LMF

Respondent Mother

Procedural Posture

Family / Application for Permission to Appeal Orders From High Court (family Division)

Legal Issues

  1. 1 Whether the residence order and indirect contact order in favour of the mother should be set aside
  2. 2 Whether the section 91(14) order barring applications for two years was a proper exercise of discretion
  3. 3 Whether the order to sell the former matrimonial home back to the council at undervalue was appropriate and fair

Ratio Decidendi

The judge found no reasonable prospect of success in challenging the residence and indirect contact orders, as the trial judge had exercised discretion properly, relying on expert and guardian evidence. The section 91(14) order barring applications for two years was arguable and should be listed for permission to appeal after the outcome of the financial appeal. The financial orders regarding sale of the home and division of proceeds should be fully considered on appeal before the High Court, with any further appeal to be consolidated.

Court Disposition

Permission to appeal against residence and contact orders refused; application for permission to appeal section 91(14) order adjourned pending outcome of financial appeal; application for permission to appeal Black J's order adjourned generally with liberty to restore.

Orders

  • Application for permission to appeal section 91(14) order to be listed on notice to mother and guardian after outcome of financial appeal.
  • Application for permission to appeal Black J's order adjourned generally with liberty to restore.