The court set out the basic rules to be followed when applying for ex parte orders in children and ancillary relief cases. Recognising the wide variety of situations which might arise, and the need to retain flexibility, it also recognised the need to act quickly particularly to protect children. Those making an application were under a duty to make the fullest and frankest disclosure of all relevant circumstances. This was not limited to material facts, but included for example any relevant law. Any material put before the court should be on the basis that it might later be placed before any other party, and the applicant had a duty to disclose all such material to that party to allow them to prepare for the return hearing. Undertakings must be strictly adhered to. Representatives would be wise to keep notes of the content of the hearing.
Citations:
Times 02-Nov-2000
Jurisdiction:
England and Wales
Children, Family
Updated: 10 May 2022; Ref: scu.82156
