M (Children : Care Proceedings : Passport Order)
The appeal was allowed and the father's passports ordered to be returned based on new evidence of changed circumstances, including the children's relocation and the father's cooperation, rendering continued retention of the passports unjustified.
- Parties
- Appellant: Appellant (Father); Respondent: Local Authority; Other: Mother; Other: Children's Guardian
- Jurisdiction
- England and Wales
- Judgment Date
- 14 February 2017
- Procedural Posture
- Family / Appeal
- Outcome
- appeal allowed
- Legal Topics
- Passport Orders, Care Orders, Inherent Jurisdiction, Proportionality, Review of Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant (Father)
Appellant
Local Authority
Respondent
Mother
Other
Children's Guardian
Other
Procedural Posture
Family / Appeal
Legal Issues
- 1 Whether the court has power to continue a passport order post-conclusion of care proceedings absent statutory authority
- 2 Whether the indefinite retention of the father's passports was a proportionate and justified curtailment of his freedom
- 3 Whether the review mechanism for the passport order was adequate
Ratio Decidendi
The appeal was allowed and the father's passports ordered to be returned based on new evidence of changed circumstances, including the children's relocation and the father's cooperation, rendering continued retention of the passports unjustified.
Court Disposition
appeal allowed
Orders
- Immediate return of the father's passports
- All previous passport orders relating to the father set aside
Full Case Text
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