A judge may make a residence order of his own motion, in exceptional and clear circumstances, so as to give residence to a person who was debarred themselves, from applying for such an order. There is no explicit statutory restriction preventing a judge from making such an order.
Where there is a reported decision on a particular point of family law or practice by a High Court Judge, that decision is to be treated as binding on a circuit judge exercising a similar jurisdiction
Judges:
Thorpe, Robert Walker, Butler-Sloss LJJ
Citations:
Gazette 19-May-1999, Gazette 27-Oct-1999, Times 30-Apr-1999, [2000] Fam 1
Statutes:
Children Act 1989 9(3) 10(1) 10(2)
Jurisdiction:
England and Wales
Cited by:
Cited – In re D (Children); BD v AID CA 9-Feb-2010
The father sought leave to appeal against an order permitting the mother to remove the parties two sons from Wales to live in Slovakia. The judge had made a shared residence order. Wall LJ discussed the criticisms of Payne -v- Payne, saying: ‘There . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 10 May 2022; Ref: scu.80879
