H (A Child)

H (A Child)

Permission to appeal is granted only on the limited basis that the judge failed to specify the nature of applications covered by the section 91(14) order and failed to impose a time limit or give reasons for not doing so.

Parties
Appellant: Mother; Respondent: Father; Respondent: Stepmother; Applicant: Child's Guardian
Jurisdiction
England and Wales
Judgment Date
26 October 2010
Procedural Posture
Family / Application for Permission to Appeal
Outcome
Permission to appeal granted in part
Legal Topics
Child Custody, Section 91(14) Children Act 1989, Parental Responsibility, Contact Orders
Family Law Child Custody Section 91(14) Children Act 1989 Parental Responsibility Contact Orders

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Stepmother

Respondent

Child's Guardian

Applicant

Procedural Posture

Family / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in imposing a section 91(14) restriction without specifying the nature of applications and a time limit
  2. 2 Whether the guardian could properly apply for a section 91(14) order

Ratio Decidendi

Permission to appeal is granted only on the limited basis that the judge failed to specify the nature of applications covered by the section 91(14) order and failed to impose a time limit or give reasons for not doing so.

Court Disposition

Permission to appeal granted in part

Orders

  • Appeal not to be listed until mediation has been attempted or refused
  • Copy of judgment to be provided at public expense