A-H (Children)

A-H (Children)

The appeal is dismissed because the judge exercised a broad discretion and it is not appropriate for the appellate court to interfere with his order. However, the absence of a guardian or independent third party is problematic, and the father is granted permission to disclose papers to NYAS for advice and possible further involvement.

Parties
Appellant: Mr A; Respondent: Miss H
Jurisdiction
England and Wales
Judgment Date
20 May 2008
Procedural Posture
Family Law Child Contact/access / Appeal From Order of Coleridge J, Application for Permission to Appeal
Outcome
Appeal dismissed; application to disclose papers to NYAS granted
Legal Topics
Child Contact, Section 91(14) Children Act, Role of Guardian, Judicial Discretion, No Order Principle
Family Law Child Contact Section 91(14) Children Act Role of Guardian Judicial Discretion No Order Principle

Case Brief

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Parties

Mr A

Appellant

Miss H

Respondent

Procedural Posture

Family Law Child Contact/access / Appeal From Order of Coleridge J, Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in discharging the fixed contact order and leaving contact arrangements to the child
  2. 2 Whether the absence of a guardian or independent third party was appropriate
  3. 3 Whether the section 91(14) bar on further applications was justified

Ratio Decidendi

The appeal is dismissed because the judge exercised a broad discretion and it is not appropriate for the appellate court to interfere with his order. However, the absence of a guardian or independent third party is problematic, and the father is granted permission to disclose papers to NYAS for advice and possible further involvement.

Court Disposition

Appeal dismissed; application to disclose papers to NYAS granted

Orders

  • Appeal dismissed
  • Father granted permission to disclose case papers to NYAS