B (A Child)

B (A Child)

The judge erred in refusing to allow disclosure of the papers to NYAS for the purpose of considering separate representation for S. The judge failed to give sufficient weight to the possibility that S, properly advised and encouraged, might reconsider her position on contact, and overemphasised the risk of destabilisation. The balance of short-term harm versus long-term interests required at least the papers being sent to NYAS.

Parties
Appellant: Mr B; Respondent: Mrs W
Jurisdiction
England and Wales
Judgment Date
26 April 2006
Procedural Posture
Appeal / Judgment on Appeal From Chichester County Court Regarding Child Contact Order
Outcome
Appeal allowed
Legal Topics
Child Contact, Separate Representation of Children, Section 91(14) Children Act, Case Management Discretion
Family Law Child Contact Separate Representation of Children Section 91(14) Children Act Case Management Discretion

Case Brief

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Parties

Mr B

Appellant

Mrs W

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Chichester County Court Regarding Child Contact Order

Legal Issues

  1. 1 Whether the judge erred in refusing to permit disclosure of papers to NYAS for consideration of separate representation for the child
  2. 2 Whether the judge gave appropriate weight to the child's wishes and the possibility of direct contact

Ratio Decidendi

The judge erred in refusing to allow disclosure of the papers to NYAS for the purpose of considering separate representation for S. The judge failed to give sufficient weight to the possibility that S, properly advised and encouraged, might reconsider her position on contact, and overemphasised the risk of destabilisation. The balance of short-term harm versus long-term interests required at least the papers being sent to NYAS.

Court Disposition

Appeal allowed

Orders

  • Set aside the judge’s refusal to grant permission to disclose the papers to NYAS
  • Permission granted for papers to be sent to NYAS for advice on separate representation