E v M [2015] EWCA Civ 1313 (18 December 2015)

E v M [2015] EWCA Civ 1313 (18 December 2015)

The recorder's child arrangements and prohibited steps orders were properly based on the evidence and consistent with the child's welfare; however, the section 91(14) order was made without proper notice to the appellant and without the required balancing exercise, constituting a procedural irregularity.

Citation
[2015] EWCA Civ 1313
Parties
Appellant: E; 1st Respondent: M; 2nd Respondent: Y (A Child by her guardian)
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Appeal (family Law Child Arrangements) / Permission to Appeal From Child Arrangements and Related Orders
Outcome
Appeal allowed in part; section 91(14) order set aside and remitted; other orders affirmed.
Legal Topics
Child Arrangements Orders, Prohibited Steps Orders, Section 91(14) Orders, Welfare of the Child, Procedural Fairness
Family Law Child Arrangements Orders Prohibited Steps Orders Section 91(14) Orders Welfare of the Child Procedural Fairness

Case Brief

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Parties

E

Appellant

M

1st Respondent

Y (A Child by her guardian)

2nd Respondent

Procedural Posture

Appeal (family Law Child Arrangements) / Permission to Appeal From Child Arrangements and Related Orders

Legal Issues

  1. 1 Whether the recorder's child arrangements orders were wrong or inconsistent with the child's welfare
  2. 2 Whether there was a serious procedural irregularity regarding the making of a section 91(14) order without proper notice

Ratio Decidendi

The recorder's child arrangements and prohibited steps orders were properly based on the evidence and consistent with the child's welfare; however, the section 91(14) order was made without proper notice to the appellant and without the required balancing exercise, constituting a procedural irregularity.

Court Disposition

Appeal allowed in part; section 91(14) order set aside and remitted; other orders affirmed.

Orders

  • Child arrangements and prohibited steps orders affirmed.
  • Section 91(14) order set aside and remitted to the Family Court at Swindon for rehearing before the Designated Family Judge.