RW v SW

RW v SW

The judge's exercise of discretion was unusual but not erroneous; procedural requirements for section 91(14) were flagged by the guardian. However, the application for permission to appeal should be determined by a full court, not a single Lord Justice, due to the unusual facts and the father's sense of grievance.

Parties
Appellant: RW; Respondent: SW
Jurisdiction
England and Wales
Judgment Date
29 April 2010
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Permission to Appeal Adjourned to Full Court
Outcome
Application for permission to appeal adjourned to full court; not determined by single judge.
Legal Topics
Child Contact, Section 91(14) Children Act 1989, Appeal Procedure
Family Law Child Contact Section 91(14) Children Act 1989 Appeal Procedure

Case Brief

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Parties

RW

Appellant

SW

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Permission to Appeal Adjourned to Full Court

Legal Issues

  1. 1 whether the judge erred in ordering limited contact and imposing section 91(14) restrictions
  2. 2 whether the judge erred in discretion and procedure regarding section 91(14)
  3. 3 whether the recommendations of the NYAS guardian were properly followed

Ratio Decidendi

The judge's exercise of discretion was unusual but not erroneous; procedural requirements for section 91(14) were flagged by the guardian. However, the application for permission to appeal should be determined by a full court, not a single Lord Justice, due to the unusual facts and the father's sense of grievance.

Court Disposition

Application for permission to appeal adjourned to full court; not determined by single judge.

Orders

  • Application for permission to appeal to be heard by a full court.
  • Application not to be served on the mother and to be heard without notice to her.