K (Children)

K (Children)

The judge was entitled to proceed with the hearing in the absence of Mr M, given that he was represented by counsel and the case was suitable to be dealt with on the papers. The procedure adopted was not unfair, as Mr M's counsel was given the opportunity to make further submissions after Mr M's arrival, and no application for oral evidence was made. The judge considered all submissions and maintained his decision, prioritising the welfare of the children and balancing the rights of all parties.

Parties
Appellant: Mr M; Respondent: Mrs K
Jurisdiction
England and Wales
Judgment Date
27 July 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Contact Orders, Children's Welfare, Right to Fair Hearing, Natural Justice
Family Law Civil Procedure Contact Orders Children's Welfare Right to Fair Hearing Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Mr M

Appellant

Mrs K

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the procedure adopted by the judge in hearing the application in the absence of the appellant was unfair and contrary to Article 6 of the European Convention on Human Rights and principles of natural justice
  2. 2 Whether the refusal to adjourn the hearing until the appellant was present rendered the proceedings unfair

Ratio Decidendi

The judge was entitled to proceed with the hearing in the absence of Mr M, given that he was represented by counsel and the case was suitable to be dealt with on the papers. The procedure adopted was not unfair, as Mr M's counsel was given the opportunity to make further submissions after Mr M's arrival, and no application for oral evidence was made. The judge considered all submissions and maintained his decision, prioritising the welfare of the children and balancing the rights of all parties.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused