K (Children), Re

K (Children), Re

The district judge's order was plainly wrong as it dismissed the father's contact application and imposed a section 91(14) bar without hearing oral evidence, contrary to authority and in breach of Article 6 ECHR; the circuit judge was right to set aside the order.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
02 December 2010
Procedural Posture
Family Appeal / Second Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Child Contact, Section 91(14) Children Act 1989, Appeals Procedure, Article 6 ECHR
Family Law Child Contact Section 91(14) Children Act 1989 Appeals Procedure Article 6 ECHR

Case Brief

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the circuit judge was entitled to set aside the district judge's order dismissing the father's contact application and imposing a section 91(14) bar, based on the welfare of the children despite the district judge's discretionary decision.
  2. 2 Whether the district judge's decision to dismiss the father's application for contact and impose a section 91(14) bar without oral evidence was proper and compliant with Article 6 ECHR.

Ratio Decidendi

The district judge's order was plainly wrong as it dismissed the father's contact application and imposed a section 91(14) bar without hearing oral evidence, contrary to authority and in breach of Article 6 ECHR; the circuit judge was right to set aside the order.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed for the reasons advanced in the respondent’s notice.