W (children), Re

W (children), Re

It was inappropriate for the judge to make a section 91(14) order restricting further applications by either parent without prior notice, reasons, or reference to relevant authorities, especially where ongoing judicial involvement was necessary to facilitate the children's best interests.

Source-derived case information.

Parties
Appellant: Mr W; Respondent: Mrs W
Jurisdiction
England and Wales
Judgment Date
26 April 2006
Procedural Posture
Family Law Appeal / Appeal From County Court Order
Outcome
appeal allowed
Legal Topics
Residence and Contact Orders, Section 91(14) Children Act 1989, Appeals Procedure
Family Law Residence and Contact Orders Section 91(14) Children Act 1989 Appeals Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr W

Appellant

Mrs W

Respondent

Procedural Posture

Family Law Appeal / Appeal From County Court Order

Legal Issues

  1. 1 Whether the judge erred in making a section 91(14) order restricting further applications without notice or reasons
  2. 2 Whether the process adopted was procedurally fair

Ratio Decidendi

It was inappropriate for the judge to make a section 91(14) order restricting further applications by either parent without prior notice, reasons, or reference to relevant authorities, especially where ongoing judicial involvement was necessary to facilitate the children's best interests.

Court Disposition

appeal allowed

Orders

  • Paragraph 15 of the county court order (section 91(14) restriction) set aside
  • Matter to be listed for review in Brighton County Court before 31 May 2006 with a one-hour time estimate, before HHJ Hayward if available, otherwise another judge