C (Children), Re

C (Children), Re

The judge was entitled to make the Section 34(4) order empowering the local authority to suspend contact, given the father's conduct and refusal to sign the contact agreement, and the procedural approach was fair. The order was not disproportionate or unnecessary, and did not violate Article 8 ECHR, as it allowed for reasonable contact and could be reviewed or varied.

Parties
Appellant: Mr C; First Respondent: London Borough of Haringey; Second, Third Respondents: Children FX and D; Fourth Respondent: FI (child); Fifth Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
14 November 2012
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Contact Orders, Care Orders, Children Act 1989, Procedural Fairness, Article 8 ECHR
Family Law Child Welfare Contact Orders Care Orders Children Act 1989 Procedural Fairness Article 8 ECHR

Case Brief

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Parties

Mr C

Appellant

London Borough of Haringey

First Respondent

Children FX and D

Second, Third Respondents

FI (child)

Fourth Respondent

Mother

Fifth Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the procedure leading to the Section 34(4) Children Act 1989 order was fair
  2. 2 Whether the judge was wrong to grant the local authority power to suspend contact
  3. 3 Whether the order violated Article 8 ECHR rights

Ratio Decidendi

The judge was entitled to make the Section 34(4) order empowering the local authority to suspend contact, given the father's conduct and refusal to sign the contact agreement, and the procedural approach was fair. The order was not disproportionate or unnecessary, and did not violate Article 8 ECHR, as it allowed for reasonable contact and could be reviewed or varied.

Court Disposition

appeal dismissed

Orders

  • Section 34(4) Children Act 1989 order upheld
  • Local authority empowered to suspend contact if necessary