A (Children), Re [2002] EWCA Civ 1718 (22 October 2002)

A (Children), Re [2002] EWCA Civ 1718 (22 October 2002)

The consent order may be so vague and incomplete as to be unenforceable and therefore capable of being set aside; the court must ensure any order is workable and in the children's best interests.

Source-derived case information.

Citation
[2002] EWCA Civ 1718
Parties
Applicant: Mr A; Respondent: Mrs A
Jurisdiction
England and Wales
Judgment Date
22 October 2002
Procedural Posture
Family Law Appeal / Application for Permission to Appeal; Adjourned for Hearing on Notice
Outcome
Application for permission to appeal adjourned for hearing on notice to respondent; appeal to follow if permission granted.
Legal Topics
Consent Orders, Contact Arrangements, Children's Welfare, Appeals Procedure
Family Law Consent Orders Contact Arrangements Children's Welfare Appeals Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr A

Applicant

Mrs A

Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal; Adjourned for Hearing on Notice

Legal Issues

  1. 1 Whether a consent order defining contact is sufficiently certain and enforceable
  2. 2 Whether the court properly exercised its duty to consider the welfare of the children
  3. 3 Whether the consent order can be set aside for vagueness or incompleteness

Ratio Decidendi

The consent order may be so vague and incomplete as to be unenforceable and therefore capable of being set aside; the court must ensure any order is workable and in the children's best interests.

Court Disposition

Application for permission to appeal adjourned for hearing on notice to respondent; appeal to follow if permission granted.

Orders

  • Application to be relisted on notice to all parties.
  • Copy of judgment to be made available to applicant and respondent at public expense.