A and B (Prohibited Steps Order at Dispute Resolution Appointment) [2015] EWFC B16 (27 February 2015)

A and B (Prohibited Steps Order at Dispute Resolution Appointment) [2015] EWFC B16 (27 February 2015)

The District Judge's decision was procedurally irregular because the father had no notice of the issue, there was no evidence or opportunity for submissions, the factual basis was disputed, and the necessity and proportionality of the order were not established. The order was insufficiently defined and unjustified. The appeal is allowed and the matter is remitted for rehearing.

Citation
[2015] EWFC B16
Parties
Applicant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
27 February 2015
Procedural Posture
Private Law Children Proceedings (appeal) / Application for Permission to Appeal and Appeal Hearing
Outcome
Appeal allowed; permission to appeal granted; order of District Judge discharged; matter remitted for rehearing.
Legal Topics
Prohibited Steps Order, Children's Welfare, Appeals Procedure, Parental Responsibility, Article 8 ECHR
Family Law Prohibited Steps Order Children's Welfare Appeals Procedure Parental Responsibility Article 8 ECHR

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 5 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Private Law Children Proceedings (appeal) / Application for Permission to Appeal and Appeal Hearing

Legal Issues

  1. 1 Whether the District Judge was procedurally wrong in making a prohibited steps order without notice, evidence, or opportunity for submissions
  2. 2 Whether the order was necessary and proportionate in light of the welfare of the children
  3. 3 Whether the form and content of the order were sufficiently clear and justified

Ratio Decidendi

The District Judge's decision was procedurally irregular because the father had no notice of the issue, there was no evidence or opportunity for submissions, the factual basis was disputed, and the necessity and proportionality of the order were not established. The order was insufficiently defined and unjustified. The appeal is allowed and the matter is remitted for rehearing.

Court Disposition

Appeal allowed; permission to appeal granted; order of District Judge discharged; matter remitted for rehearing.

Orders

  • Paragraph three of the District Judge's order is discharged.
  • No interim prohibited steps or injunctive orders are made.