C (A Child)

C (A Child)

The judge's refusal to permit disclosure of the father's witness statements was within the reasonable exercise of her discretion. The statements were partial, not agreed, and not judicially determined. Disclosure risked inflaming the child's antagonism and was not justified. Rule 10.20A did not entitle the father to disclosure in these circumstances, and the judge's direction was contrary to disclosure.

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 (refused)
Outcome
Application for permission to appeal refused
Legal Topics
Disclosure of Documents, Children Act 1989, Permission to Appeal, Confidentiality in Family Proceedings
Family Law Disclosure of Documents Children Act 1989 Permission to Appeal Confidentiality in Family Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Family Law Children Act Proceedings / Application for Permission to Appeal (refused)

Legal Issues

  1. 1 Whether the judge erred in refusing permission to disclose the father's witness statements to treating clinicians
  2. 2 Whether the judge's exercise of discretion fell outside the reasonable range
  3. 3 Whether Family Proceedings Rules 1991 rule 10.20A entitled the father to disclose the statements without court permission

Ratio Decidendi

The judge's refusal to permit disclosure of the father's witness statements was within the reasonable exercise of her discretion. The statements were partial, not agreed, and not judicially determined. Disclosure risked inflaming the child's antagonism and was not justified. Rule 10.20A did not entitle the father to disclosure in these circumstances, and the judge's direction was contrary to disclosure.

Court Disposition

Application for permission to appeal refused

Orders

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