C (A Child) [2008] EWCA Civ 1033 (02 September 2008)

C (A Child) [2008] EWCA Civ 1033 (02 September 2008)

The judge's refusal to allow disclosure of the father's witness statements to treating clinicians was within the reasonable exercise of her discretion, given the partial and disputed nature of the statements and the potential for harm to the child's relationship with the father. Rule 10.20A does not entitle the...

Source-derived case information.

Citation
[2008] EWCA Civ 1033
Parties
Applicant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
02 September 2008
Procedural Posture
Family Law Children Act Proceedings / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Permission to appeal refused
Legal Topics
Disclosure of Documents, Children Act 1989, Confidentiality in Family Proceedings, Permission to Appeal
Family Law Disclosure of Documents Children Act 1989 Confidentiality in Family Proceedings Permission to Appeal

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Family Law Children Act Proceedings / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the father should be granted permission to appeal against the refusal to allow disclosure of his witness statements to treating clinicians
  2. 2 Whether Family Proceedings Rules 1991 rule 10.20A permits such disclosure without court permission

Ratio Decidendi

The judge's refusal to allow disclosure of the father's witness statements to treating clinicians was within the reasonable exercise of her discretion, given the partial and disputed nature of the statements and the potential for harm to the child's relationship with the father. Rule 10.20A does not entitle the father to make such disclosure without court permission, and the judge's order constituted a contrary direction under the rule.

Court Disposition

Permission to appeal refused

Orders

  • Application refused
  • Permission granted to father to disclose a transcript of today's judgment to Dr Evans and Dr Ashley