Appeal by the mother against orders made in private law proceedings in relation to her daughter, A, who is rising 7 years of age. Lady Justice King [2021] EWCA Civ 1749 Bailii England and Wales Children Updated: 17 December 2021; Ref: scu.670058
Power to restrain applications for contact not to be used save for oppression. Citations: Gazette 15-Mar-1995 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.85774
Power to restrain contact application appropriate only in extreme cases. Citations: Times 02-Feb-1994 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.81881
Citations: [1999] 2 FLR 573 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Cited by: Cited – A Father (Mr A) v A Mother (Mrs A); Their Two Children (B And C) FD 4-Feb-2004 After a divorce, the father sought a joint residence order for the two young children. The mother alleged sexually inappropriate … Continue reading Re P (Section 91(14) Guidelines): CA 1999
[2015] EWCA Civ 719 Bailii England and Wales Children Updated: 02 January 2022; Ref: scu.550205
Application by the father for permission to appeal as to whether care orders in respect of the children should be discharged with the result the children could return to live with their father; whether the section 34(4) order should be discharged so that the children could have direct contact with their father; and thirdly, whether … Continue reading Re C (Children Appeal): FC 30 May 2014
References: [2014] EWFC B163 Links: Bailii Coram: Eaglestone HHJ Application by the father for permission to appeal as to whether care orders in respect of the children should be discharged with the result the children could return to live with their father; whether the section 34(4) order should be discharged so that the children could … Continue reading Re C (Children Appeal); FC 30 May 2014
The court considered an appeal against an order under section 91 to restrict further applications without the court’s prior consent. Judges: Butler-Sloss, Ward, Tuckey LJJ Citations: [1999] EWCA Civ 1323, [1999] 2 FLR 573, [2000] Fam 15 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Cited by: Cited – Doncaster Metropolitan Borough … Continue reading In re P (a Child) (Residence Order: A Child’s Welfare): CA 30 Apr 1999
The father appealed an order refusing direct contact, and that no further application should be made for five years. Citations: [2006] EWCA Civ 348 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 05 December 2022; Ref: scu.240089
The father sought leave to appeal an order refusing him access to his children, and order made under section 91 restricting further applications. The court welfare officer had been strongly against supervised contact because of the father’s inconsistent behaviour. The mother was utterly against and completely opposed to any form of direct contact. A psychiatrist … Continue reading T-T (Minors): CA 13 Nov 1998
The father sought to appeal an order restraining him from further appeals in respect of his children. Citations: [2006] EWCA Civ 1617, [2007] 1 FLR 1532 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 22 November 2022; Ref: scu.246716
An application for leave to apply under the Act by a person subject to an order under section 91 should be made inter partes. Judges: Thorpe LJ Citations: [1998] 1 FLR 1 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Cited by: Cited – In re S (Permission to seek relief); In re E … Continue reading In re A (Application for leave): CA 1998
The court’s power to restrict a party’s right to apply with regard to their children is to be used sparingly. Citations: Times 14-Oct-1996 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 31 October 2022; Ref: scu.78046
Mother’s application for leave to appeal against order prohibiting further applications in relation to the child without the court’s permission. Judges: Ward LJ Citations: [2010] EWCA Civ 1296 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 26 September 2022; Ref: scu.426740
The father appealed against an order restraining him from taking further contact proceedings. Judges: Mummery, Rimer, Black LLJ Citations: [2010] EWCA Civ 1449 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 03 September 2022; Ref: scu.430479
Each father appealed orders under the section restricting conditionally their right to make applications under the Act without permission. Held: S91 orders must state their term, and the nature of the application to which it related, but must not then add conditions. Orders made without a limit of time should be the exception. The main … Continue reading In re S (Permission to seek relief); In re E (Permission to seek relief): CA 18 Aug 2006
In an application to vary a residence order to return a child to natural from foster parents, no preference was to be given to the natural parents. Their religious views were relevant but not paramount, and a child might be raised in a different religion. A s91 order can properly be made without limit of … Continue reading In Re P (Minor) (Residence Order: Child’s Welfare): CA 11 May 1999
Justices were wrong to add a restriction on the making of further applications without allowing the party so restricted to make representations on the point. Citations: Gazette 23-Sep-1992 Statutes: Children Act 1989 91(14) Children Updated: 08 April 2022; Ref: scu.80440
After a family break up there had been continued litigation, and a refusal to comply with court orders by the mother. Eventually, the contact between mother an children all but broke down. There were three children. As the two elder children in turn reached majority, they went back to live with their mother, but allegations … Continue reading Re A (a Minor): CA 31 Jul 1997
Application by the father of four children, aged between 7 and 15, for permission to appeal against the decision of a circuit judge who refused to permit him to make an application for the implementation of an order for indirect contact with the children during the currency of an order made by a different judge … Continue reading LTF v LMF: CA 17 Aug 2006
The applicant sought an order that his application for a joint residence order should be held in public. Held: Though there was some attractiveness in the applicant’s arguments, the issue had been fully canvassed by the ECHR. The time had come for the court to consider in each case whether a proper balance of competing … Continue reading Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening: CA 5 Jul 2004
The Council sought to have certain aspects of a care application put into the public domain which would normally have remained private. Application was also made (by the father and the child) for an order restricting the right of the mother to make further applications for a period. Held: Contact had been offered to the … Continue reading Doncaster Metropolitan Borough Council v Haigh: FD 22 Aug 2011