P v C

P v C

The application to set aside was made promptly, but the applicant failed to show good reason for non-attendance as he was properly notified of the hearing date and failed to read the communications. There were also no reasonable prospects of success as the circumstances had not changed, the father's commitment had not been demonstrated, and the welfare of the child required indirect contact only. All three mandatory conditions under FPR r 27.5 were not met, so the application was dismissed.

Parties
Applicant: P; Respondent: C
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Child Arrangements / Family Law / Application to Set Aside Final Order Under FPR R 27.5
Outcome
Application dismissed
Legal Topics
Child Arrangements, Setting Aside Orders, Non Attendance at Hearing, Indirect Contact, Prohibited Steps Order
Family Law Child Arrangements Setting Aside Orders Non Attendance at Hearing Indirect Contact Prohibited Steps Order

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Parties

P

Applicant

C

Respondent

Procedural Posture

Child Arrangements / Family Law / Application to Set Aside Final Order Under FPR R 27.5

Legal Issues

  1. 1 Whether the applicant father satisfied the requirements under FPR r 27.5 to set aside the final child arrangements order made in his absence

Ratio Decidendi

The application to set aside was made promptly, but the applicant failed to show good reason for non-attendance as he was properly notified of the hearing date and failed to read the communications. There were also no reasonable prospects of success as the circumstances had not changed, the father's commitment had not been demonstrated, and the welfare of the child required indirect contact only. All three mandatory conditions under FPR r 27.5 were not met, so the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The application to set aside the final child arrangements order of 9 December 2024 is dismissed.
  • The order of 9 December 2024 stands.