A (A Child), Re

A (A Child), Re

The appeal against the residence and contact orders was refused because the judge was entitled to make the orders given the history of the case and the lack of cooperation between the parties. The appeal against the s.91(14) order was allowed and the order set aside because it was made without proper submissions, evidence, or specificity, contrary to established legal guidelines.

Parties
Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
14 December 2009
Procedural Posture
Family Law Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal against residence and contact orders refused; appeal against s.91(14) order allowed and order set aside.
Legal Topics
Residence Order, Contact Order, Section 91(14) Children Act 1989, Appeal Procedure
Family Law Residence Order Contact Order Section 91(14) Children Act 1989 Appeal Procedure

Case Brief

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Parties

Father

Appellant

Mother

Respondent

Procedural Posture

Family Law Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the residence order in favour of the mother was appropriate under s.1(5) Children Act 1989
  2. 2 Whether the contact order failed to provide adequately for the father's contact with the child, including for special events
  3. 3 Whether the imposition of a s.91(14) bar on further applications without leave was justified

Ratio Decidendi

The appeal against the residence and contact orders was refused because the judge was entitled to make the orders given the history of the case and the lack of cooperation between the parties. The appeal against the s.91(14) order was allowed and the order set aside because it was made without proper submissions, evidence, or specificity, contrary to established legal guidelines.

Court Disposition

Appeal against residence and contact orders refused; appeal against s.91(14) order allowed and order set aside.

Orders

  • Permission to appeal residence and contact orders refused.
  • Permission to appeal s.91(14) order granted, appeal allowed, and order set aside.