Stringer v Stringer

Stringer v Stringer

The court allowed the appeal to the extent of deleting the conditions attached to the section 91(14) order, holding that the court had no jurisdiction to impose such conditions. The order itself was justified on the facts, as was its duration, but the conditions and the direction that future applications be heard by the same judge were impermissible.

Parties
Appellant: Martin Frank Stringer; Respondent: Lesley Stringer
Jurisdiction
England and Wales
Judgment Date
29 November 2006
Procedural Posture
Appeal Family Law (children) / Appeal From Order Under Section 91(14) of the Children Act 1989
Outcome
Appeal allowed in part
Legal Topics
Section 91(14) Orders, Children Act 1989, Contact and Residence Applications, Procedural Fairness, Appeals
Family Law Section 91(14) Orders Children Act 1989 Contact and Residence Applications Procedural Fairness Appeals

Case Brief

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Parties

Martin Frank Stringer

Appellant

Lesley Stringer

Respondent

Procedural Posture

Appeal Family Law (children) / Appeal From Order Under Section 91(14) of the Children Act 1989

Legal Issues

  1. 1 Whether the court had jurisdiction to attach conditions to a section 91(14) order under the Children Act 1989
  2. 2 Whether the section 91(14) order should have been made at all
  3. 3 Whether the duration of the order (until the children reached 16) was appropriate

Ratio Decidendi

The court allowed the appeal to the extent of deleting the conditions attached to the section 91(14) order, holding that the court had no jurisdiction to impose such conditions. The order itself was justified on the facts, as was its duration, but the conditions and the direction that future applications be heard by the same judge were impermissible.

Court Disposition

Appeal allowed in part

Orders

  • Conditions attached to the section 91(14) order deleted
  • Reference to Judge Mitchell as the judge to hear future applications deleted