CE (a child), Re

CE (a child), Re

The appeal was dismissed because the trial judge gave careful, conscientious consideration to all relevant factors, including the children's wishes and the guardian's recommendations, and correctly concluded that the children's long-term welfare required a cessation of direct contact and a section 91(14) order. The judge's decision was not plainly wrong and was further supported by subsequent developments, including the guardian's change of stance.

Parties
Subject: C-E (a Child); Appellant: Mr C (Father); Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
17 May 2007
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Child Contact and Section 91(14) Order
Outcome
Appeal dismissed
Legal Topics
Child Contact, Section 91(14) Children Act 1989, Welfare of the Child, Appeals Procedure
Family Law Child Law Child Contact Section 91(14) Children Act 1989 Welfare of the Child Appeals Procedure

Case Brief

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Parties

C-E (a Child)

Subject

Mr C (Father)

Appellant

Mother

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Child Contact and Section 91(14) Order

Legal Issues

  1. 1 Whether the trial judge erred in refusing supervised contact between father and children
  2. 2 Whether the section 91(14) order was appropriate
  3. 3 Whether the judge gave sufficient weight to the children's wishes and the guardian's recommendations

Ratio Decidendi

The appeal was dismissed because the trial judge gave careful, conscientious consideration to all relevant factors, including the children's wishes and the guardian's recommendations, and correctly concluded that the children's long-term welfare required a cessation of direct contact and a section 91(14) order. The judge's decision was not plainly wrong and was further supported by subsequent developments, including the guardian's change of stance.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed