S (A Child)

S (A Child)

The appeal was dismissed because the judge's conduct of the hearing and the making of the contact order were within his discretion, given the background of prior agreements and court orders for contact, the lack of a prima facie case by the father against contact, and the interim nature of the order pending further...

Source-derived case information.

Parties
Appellant: Father; Respondent: Grandmother
Jurisdiction
England and Wales
Judgment Date
23 March 2007
Procedural Posture
Family Law Child Contact / Appeal From Willesden County Court Order on Contact Under Children Act 1989
Outcome
Appeal dismissed
Legal Topics
Child Contact, Children Act 1989, Appeal Procedure, Leave to Apply, CAFCASS Involvement
Family Law Child Contact Children Act 1989 Appeal Procedure Leave to Apply CAFCASS Involvement

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Summary, issues, holding and outcome

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Parties

Father

Appellant

Grandmother

Respondent

Procedural Posture

Family Law Child Contact / Appeal From Willesden County Court Order on Contact Under Children Act 1989

Legal Issues

  1. 1 Whether the judge erred in making a defined contact order without sufficient enquiry and consideration of the father's objections
  2. 2 Whether the father consented to an order for reasonable contact
  3. 3 Whether the hearing was procedurally fair given the short notice and lack of evidence

Ratio Decidendi

The appeal was dismissed because the judge's conduct of the hearing and the making of the contact order were within his discretion, given the background of prior agreements and court orders for contact, the lack of a prima facie case by the father against contact, and the interim nature of the order pending further investigation. The judge's approach was legitimate and did not deny the father a fair hearing.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The grandmother undertakes not to enforce the order dated 21 July 2006 unless permitted by the lower court after further investigation.