R (A Child)

R (A Child)

The application is adjourned to be heard on notice to the respondent because there is an arguable case that the judge did not afford the father a fair opportunity to address the section 91(14) restriction and may not have adequately considered the father's plans for the child's future.

Parties
Applicant: Father (Appellant); Respondent: Mother (Respondent)
Jurisdiction
England and Wales
Judgment Date
30 June 2009
Procedural Posture
Civil Appeal (family) / Application for Permission to Appeal; Adjourned for Hearing on Notice
Outcome
Application adjourned on notice to the respondent; stay of execution of the order granted until the renewed hearing or further order; liberty to respondent to apply to vary or discharge the stay; transcript to be prepared at public expense.
Legal Topics
Relocation of Child, Section 91(14) Children Act 1989, Leave to Apply Restriction, Procedural Fairness
Family Law Relocation of Child Section 91(14) Children Act 1989 Leave to Apply Restriction Procedural Fairness

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Parties

Father (Appellant)

Applicant

Mother (Respondent)

Respondent

Procedural Posture

Civil Appeal (family) / Application for Permission to Appeal; Adjourned for Hearing on Notice

Legal Issues

  1. 1 Whether the judge gave adequate consideration to the father's plans for the child's future if she remained in Carlisle
  2. 2 Whether the procedure adopted in imposing a section 91(14) restriction was fair to the father

Ratio Decidendi

The application is adjourned to be heard on notice to the respondent because there is an arguable case that the judge did not afford the father a fair opportunity to address the section 91(14) restriction and may not have adequately considered the father's plans for the child's future.

Court Disposition

Application adjourned on notice to the respondent; stay of execution of the order granted until the renewed hearing or further order; liberty to respondent to apply to vary or discharge the stay; transcript to be prepared at public expense.

Orders

  • Application adjourned to be heard on notice to the respondent
  • Stay of execution of the order until the renewed hearing or further order