AEY (Permission to Appeal Civil Restraint Order)

AEY (Permission to Appeal Civil Restraint Order)

All seven applications for permission to appeal were refused as totally without merit, as they sought to relitigate matters already determined, were incoherent, unsupported by evidence, and constituted an abuse of process. The applicant's persistent, meritless litigation justified the imposition of an extended civil restraint order for two years to protect the court's resources and the welfare of the children.

Parties
Applicant: AEY; Respondent: AL
Jurisdiction
England and Wales
Judgment Date
19 November 2018
Procedural Posture
Family Appeal and Restraint Order Applications / Determination of Multiple Applications for Permission to Appeal and Consideration of Extended Civil Restraint Order
Outcome
All applications for permission to appeal refused as totally without merit; extended civil restraint order imposed.
Legal Topics
Appeals, Child Arrangements, Care Orders, Prohibited Steps Orders, Civil Restraint Orders, Litigation Abuse
Family Law Civil Procedure Appeals Child Arrangements Care Orders Prohibited Steps Orders Civil Restraint Orders Litigation Abuse

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Parties

AEY

Applicant

AL

Respondent

Procedural Posture

Family Appeal and Restraint Order Applications / Determination of Multiple Applications for Permission to Appeal and Consideration of Extended Civil Restraint Order

Legal Issues

  1. 1 Whether permission to appeal should be granted for seven applications concerning child arrangements and related orders
  2. 2 Whether an extended civil restraint order should be imposed on the applicant

Ratio Decidendi

All seven applications for permission to appeal were refused as totally without merit, as they sought to relitigate matters already determined, were incoherent, unsupported by evidence, and constituted an abuse of process. The applicant's persistent, meritless litigation justified the imposition of an extended civil restraint order for two years to protect the court's resources and the welfare of the children.

Court Disposition

All applications for permission to appeal refused as totally without merit; extended civil restraint order imposed.

Orders

  • Permission to appeal refused for all seven applications
  • Certification that all applications are totally without merit