Court of Appeal success!
July 2019 | Stacey-Anne Bishop
I previously wrote about obtaining a section 91(14) Order in a case which had spanned many years.
The parent in that case sought permission to appeal the final decision which prevented direct contact with the children and against the order preventing further applications being made to the Court without permission.
The Appellant sought to argue
- Procedural issues of unfairness and delay
- Compartmentalisation and inconsistency
- Not pursuing all reasonable routes to maintaining contact
- A s.91(14) order was disproportionate
Permission to Appeal was granted and the appeal was listed before the Court of Appeal.
The case concerned two children who were 11 and 8 by the time of the Appeal. Litigation commenced in 2013 when the children were 5 and 2 years of age.
The Court of Appeal dismissed the Appeal concluding that there was no breach of the Article 6 or 8 rights and that this was an obvious case for a s91(14) order in light of the Judge’s findings and the terrible litigation history.
Read the full Court of Appeal Judgment here.
If you would like to find out more about assistance with a case involving a child, and how Fullers can help please contact reception on 01234 343134 or email us at enquiries@fullersfamilylaw.com
