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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Children - From: 1997 To: 1997

This page lists 119 cases, and was prepared on 20 May 2019.

 
A County Council v W and others (Disclosure) [1997] 1 FLR 574
1997
FD
Cazalet J
Children
In the absence of section 12 it would be contempt to disclose matter before a children's court to the General Medical Council.
Children Act 1989 12
1 Citers



 
 In Re T (Minors) (Termination of Contact: Discharge of Order); CA 1997 - Times, 01 January 1997
 
In re G (Parentage: Blood Sample) [1997] 1 FLR 360
1997
CA

Children

1 Cites

1 Citers


 
Re P (Witness Summons) [1997] 2 FLR 447
1997
CA

Children

1 Citers


 
M v M (Abduction: England and Scotland) [1997] 2 FLR 263
1997
CA
Butler-Sloss LJ
Children, Jurisdiction, Scotland
A couple went to live in Scotland with their children. The father was Scottish: the mother English. The mother left the family home and took the children to England without the father's knowledge, and obtained an ex-parte residence order and a prohibited steps order to prevent the father from removing the children. She also issued a divorce petition. The Circuit Judge in England made an ex-parte injunction restraining the father from instituting proceedings in Scotland. The judge decided that England was the appropriate jurisdiction for the divorce proceedings. The father appealed. Held: The court allowed his appeal. The judge had been wrong to decide either that the children had no habitual residence or that they were habitually resident in England. The grant of an injunction was inconsistent with the legislative framework provided by the 1973 Act. Undeer Schedule 1, paragraph 8(1), if a petition was presented in that part of the United Kingdom where parties were habitually resident when they last lived together, then any earlier petition presented in a different part of the United Kingdom by the other party to the marriage had to be stayed in favour of the petition presented in the place where the parties were habitually resident. Parliament not only permitted the father to present his petition in Scotland, but expressly provided that if he did so, the mother's English proceedings should be stayed, and the English court should thereafter have no jurisdiction to make an order under Section 8 of the Children Act 1989 unless it was necessary to do so in order to deal with urgent matters.
Domicile and Matrimonial Proceedings Act 1973
1 Citers


 
In re O (Abduction: Consent and Acquiescence) [1997] 1 FLR 924
1997
FD
Bennett J
Children

Hague Convention on the Civil Aspects of International Child Abduction 12 13
1 Cites


 
Re I and E (Residential Assessment Order) Unreported 1997
1997
CA

Children, Local Government
Gilliat C, the child was the subject of proceedings. There were five other children, the authority had concerns about her abilities, and the father was a Schedule 1 sex offender. Two children exhibited sexualised and abusive behaviour at school. The court had previously ordered removal of the boys for assessment. Further orders were made for the assessment of C. Though that failed, the Judge refused an order to stop the Authority removing C to make an assessment for the final hearing. The mother appealed. Held: The appeal failed. The court would not interfere in the local authority's revised interim care plan to remove C for further assessment. Assessment in the home was not a realistic or viable option.
Children Act 1989 38(6)


 
 Re M (Residential Assessment Directions); CA 1997 - [1998] 2 FLR 371
 
Re P (A Minor)(Child Abduction: Non Convention Country) [1997] Fam 45
1997
CA

Children
The Hague Convention concepts are not to be applied in a non-Convention case.
Hague Convention on the Civil Aspects of International Child Abduction
1 Cites

1 Citers


 
A Metropolitan Borough Council v DB [1997] 1 FLR 767
1997


Health, Children

1 Citers


 
Re C (Care Order: Appropriate Local Authority) [1997] 1 FLR 544
1997

Wall J
Children, Local Government
A local authority which permitted children in care to remain at home with their mother was not providing accommodation within the meaning of section 23(1)(a) of the Children Act 1989 and accordingly section 105(6)(c) did not apply. The court considered a local authority placement with a mother whose classification for the purposes of section 23 is established by subsections (3) and (4) as follows: "(3) Any person with whom a child has been placed under subsection (2)(a) is referred to in this Act as a local authority foster parent unless he falls within subsection (4). (4) A person falls within this subsection if he is: (a) a parent of the child; (b) a person who is not a parent of the child but who has parental responsibility for him; or (c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made."
Children Act 1989 23(6) 105(6)(c)
1 Citers


 
In Re S (A Minor)(Abduction: European Convention) Times, 08 January 1997
8 Jan 1997
CA

Children
'Rights of custody' under European Convention include custody under Hague Convention.
European Convention on the Recognition and Enforcement etc 1999

 
Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford) (1997) 29 HLR 756; [1997] EWHC Admin 4; (1997) 1 CCLR 294
13 Jan 1997
Admn
Kay J
Housing, Children, Local Government
Section 17(1) imposes an obligation in respect of the needs of an individual child.
Children Act 1989 17(1)
1 Citers

[ Bailii ]

 
 In Re C (Minors) (Care Proceedings: Ordinary Residence); FD 24-Jan-1997 - Times, 24 January 1997
 
N-P (Minors) [1997] EWCA Civ 852
27 Jan 1997
CA

Children

[ Bailii ]
 
B (Minors) [1997] EWCA Civ 865
29 Jan 1997
CA

Children

[ Bailii ]
 
In Re D and H (Minors) (Children In Care: Termination of Contact) Times, 19 February 1997; Gazette, 05 March 1997; [1997] EWCA Civ 953
6 Feb 1997
CA

Children
The Court was wrong to phase out contact between a child and his mother inconsistently with the Local Authority's plan.
Children Act 1989 34(2)
[ Bailii ]

 
 Sanderson v McManus; HL 6-Feb-1997 - [1997] UKHL 1; 1997 SC (HL) 55
 
S v P (Contact Application: Family Assistance Order) Gazette, 12 February 1997; Times, 07 February 1997
7 Feb 1997
FD

Children
It was not proper to require a Local Authority to pay the cost of a child visiting his father in prison.
Children Act 1989 16

 
Regina v Birmingham City Council ex parte 'A' [1997] EWHC Admin 116
10 Feb 1997
Admn

Children

[ Bailii ]
 
Re D (a Minor) [1997] EWCA Civ 989
11 Feb 1997
CA

Children
Application for leave to appeal against terms of contact order.
[ Bailii ]
 
S v M (Minor: Access Order) (Scotland) Times, 12 February 1997
12 Feb 1997
HL

Children, Scotland
A party seeking an access order has the onus to show that such contact will be in the child's best interests. There is no rule of law to say that contact will be given.
Law Reform (Parent and Child) (Scotland) Act 1986 3(2)

 
In the Matter of Sami Garyaoui and In the Matter of Children Act 1989 [1997] EWCA Civ 1010
13 Feb 1997
CA

Children

Children Act 1989
[ Bailii ]

 
 In Re A-K (Minors)(Foreign Passport: Jurisdiction); CA 18-Feb-1997 - Times, 07 March 1997; [1997] EWCA Civ 1035; [1997] 2 FLR 569

 
 In Re C (Minors) (Care Proceedings: Ordinary Residence); FD 19-Feb-1997 - Gazette, 19 February 1997

 
 Regina v Birmingham City Council Ex Parte A (A Minor); FD 19-Feb-1997 - Times, 19 February 1997
 
F (a Minor) [1997] EWCA Civ 1044
19 Feb 1997
CA

Children

[ Bailii ]
 
Re G (Minors) [1997] EWCA Civ 1103
27 Feb 1997
CA

Children

[ Bailii ]
 
S v H (Abduction: Access Rights) Gazette, 16 April 1997; Times, 10 March 1997
10 Mar 1997
FD

Children
The Court is to be slow to allow a right of access to be transformed into a custody order by means of the Convention.
Hague Convention 1980

 
LN (a Minor) [1997] EWCA Civ 1234
13 Mar 1997
CA

Children

[ Bailii ]
 
G (Minors) [1997] EWCA Civ 1263
17 Mar 1997
CA

Children


 
Re D (a Minor) [1997] EWCA Civ 1280
19 Mar 1997
CA

Children
Appeal against refusal of contact order.

 
Hornsby v Greece 18357/91; (1997) 24 EHRR 250; [1997] ECHR 15; [1998] ECHR 26; [1998] ECHR 26; [1997] ECHR 15
19 Mar 1997
ECHR

Human Rights, Children
Hudoc Violation of Art. 6-1; Preliminary objection rejected; Just satisfaction reserved - Judgment (Just satisfaction) Pecuniary damage - financial award; Non-pecuniary damage - financial award
The rights recognised under the Convention must be given effect to by signatory states.
1 Citers

[ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ]
 
H (Minors) [1997] EWCA Civ 1302
21 Mar 1997
CA

Children

[ Bailii ]

 
 In Re C (A Minor) (Medical Treatment: Court's Jurisdiction); Re C (Detention: Medical Treatment); FD 21-Mar-1997 - Gazette, 03 April 1997; Times, 21 March 1997; [1997] 2 FLR 180
 
In Re O (A Minor) (Witness Sumons) Times, 18 April 1997; [1997] EWCA Civ 1306
21 Mar 1997
CA

Litigation Practice, Children
A judge may choose whether a witness summons against child is appropriate according to the child's interests.
[ Bailii ]
 
W-D (a Minor) [1997] EWCA Civ 1321
24 Mar 1997
CA

Children

[ Bailii ]
 
Re: J (a Minor) [1997] EWCA Civ 1335
25 Mar 1997
CA

Children

[ Bailii ]
 
Emmanuel Francis v Wilma May Manning (Formerly Louis) the only feature of the circumstances which had occurred outside England was the transfer of funds to the bank's New York account.
26 Mar 1997
CA

Children, Family

[ Bailii ]

 
 Re H, H v H (Child Abduction: Acquiescence); HL 10-Apr-1997 - Times, 17 April 1997; [1998] AC 72; [1997] 1 FLR 872; [1997] 2 FCR 257; [1997] Fam Law 468; [1997] 2 All ER 225

 
 In Re H and others (Minors); HL 10-Apr-1997 - [1997] 2 FCR 257; [1997] UKHL 12; [1998] AC 72; [1997] 2 All ER 225; [1997] 1 FLR 872; [1997] Fam Law 468
 
Re: C (a Minor) [1997] EWCA Civ 1384
11 Apr 1997
CA

Children

[ Bailii ]
 
In re H (Minors) [1997] EWCA Civ 1387
14 Apr 1997
CA

Children
Mother's appeal against order for contact for child with father.
[ Bailii ]
 
Re: C (Minors) [1997] EWCA Civ 1437
17 Apr 1997
CA

Children

[ Bailii ]
 
Regina v Wellingborough Magistrates' Court ex parte Alan Thomas Monk [1997] EWHC Admin 394
18 Apr 1997
Admn

Children, Magistrates

[ Bailii ]
 
B (a Minor) [1997] EWCA Civ 1441
18 Apr 1997
CA

Children

[ Bailii ]
 
In re H (Minors) [1997] EWCA Civ 1447
18 Apr 1997
CA

Children
Application for care orders.
[ Bailii ]
 
In Re P (Minors: Parental Responsibility Order) Times, 24 April 1997
24 Apr 1997
CA

Children
A court deciding on the grant of a parental responsibility order may look to the criminal conduct of either parent.

 
L and C (Minors) [1997] EWCA Civ 1532
25 Apr 1997
CA

Children

[ Bailii ]
 
Re: S and C (Minors) [1997] EWCA Civ 1557
29 Apr 1997
CA

Children

[ Bailii ]

 
 In re E (Minors) (Residence Orders: Imposition of Conditions); CA 30-Apr-1997 - Times, 16 May 1997; [1997] EWCA Civ 1566; [1997] 2 FLR 638; [1997] EWCA Civ 3084
 
In re M (a Minor) [1997] EWCA Civ 1615
2 May 1997
CA

Children

[ Bailii ]
 
Re P (Minors) [1997] EWCA Civ 1667
9 May 1997
CA

Children

Children Act 1989 91(14)
[ Bailii ]
 
Regina v Birmingham City Council ex parte A [1997] EWCA Civ 1666
9 May 1997
CA

Children

[ Bailii ]
 
B (a Minor) [1997] EWCA Civ 1672
12 May 1997
CA

Children

[ Bailii ]
 
A (a Minor) [1997] EWCA Civ 1716
16 May 1997
CA

Children

[ Bailii ]
 
L (a Minor) [1997] EWCA Civ 1726
16 May 1997
CA

Children
Child contact sought by father.
[ Bailii ]
 
In re H (Minors) [1997] EWCA Civ 1736
19 May 1997
CA

Children
Care proceedings.
[ Bailii ]
 
Re S (Minors) [1997] EWCA Civ 1748
21 May 1997
CA

Children

[ Bailii ]
 
Re: C and V (Minors) [1997] EWCA Civ 1759
22 May 1997
CA

Children

[ Bailii ]
 
B v B (Minor: Residence Order) Times, 06 June 1997
6 Jun 1997
CA
Potter LJ, Holman J
Children
The judge should consider the checklist of relevant matters in the statute in a residence application even though no complaint was made by the parties. The use of the checklist can assist a court in obtaining clarity in its reasoning. Thoough an appeal court should be slow to interfere in a judge's decision where his decision had been finely balanced, it was particularly in such cases that judges should set out their judgments more clearly. In this case neither the court nor the parties could discern the reasons behind the judgment, and it could not stand. Whilst the reference to the checklist should not be mechanical, that was not a good reason for not going through it.
Children Act 1989 1(3)
1 Cites


 
Regina v London Borough of Lambeth ex parte Caddell Times, 30 June 1997; [1997] EWHC Admin 535; [1998] 1 FLR 253; [1998] Fam Law 20; [1998] 2 FCR 6
9 Jun 1997
Admn

Children, Local Government
When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support.
Children Act 1989 24(2)
1 Citers

[ Bailii ]
 
In Re M (A Minor) (Contact: Supervision) Times, 10 June 1997
10 Jun 1997
CA

Children
A father is not to be refused supervised contact only because lifestyle failings make it unlikely that unsupervised contact will follow.

 
H (Minors) [1997] EWCA Civ 1850
12 Jun 1997
CA

Children

[ Bailii ]

 
 Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson; HL 12-Jun-1997 - Gazette, 10 September 1997; [1997] Fam Law 786; [1998] AC 407; [1997] UKHL 25; [1997] 3 All ER 97; [1997] 3 WLR 23; [1997] 2 FLR 471
 
B (Minors) [1997] EWCA Civ 1860
13 Jun 1997
CA

Children

[ Bailii ]
 
Re M (Minors) [1997] EWCA Civ 1887
17 Jun 1997
CA

Children

[ Bailii ]
 
L-N (a Minor) [1997] EWCA Civ 1892
18 Jun 1997
CA

Children

[ Bailii ]
 
B (a Minor) [1997] EWCA Civ 1916
20 Jun 1997
CA

Children, Evidence

[ Bailii ]
 
In Re O (A Minor) (Child Abduction: Custody Rights) Times, 24 June 1997; Gazette, 25 June 1997
24 Jun 1997
FD

Children
The exercise of the full rights and duties of parenthood can give a right of joint custody for the abduction convention purposes.
Hague Convention on the Civil Aspects of International Child Abduction 1980 - Hague Convention on the Civil Aspects of International Child Abduction 1980


 
 In Re C and V (Minors) (Parental Responsibility Order); CA 30-Jun-1997 - Times, 30 June 1997
 
W (Minors) [1997] EWCA Civ 2023
3 Jul 1997
CA

Children

[ Bailii ]
 
In Re A (A Minor)(Abduction: Non-Convention Country) Times, 03 July 1997
3 Jul 1997
CA

Children
Court to be satisfied that courts of a non-convention country will take proper care of child before returning him after abduction.
Hague Convention on the Civil Aspects of International Child Abduction 1980

 
E (a Minor) [1997] EWCA Civ 2047
8 Jul 1997
CA

Children

[ Bailii ]
 
In Re B (A Minor) (Contact: Stepfather's Opposition) Times, 09 July 1997
9 Jul 1997
CA

Children
An application for contact can be dismissed summarily in appropriate cases. Threats in opposition by stepfather can harm child.

 
A (a Minor) [1997] EWCA Civ 2076
10 Jul 1997
CA

Children

[ Bailii ]
 
C (Minors) [1997] EWCA Civ 2077
10 Jul 1997
CA

Children

[ Bailii ]
 
G (Minors) [1997] EWCA Civ 2101
15 Jul 1997
CA
Lord Justice Butler-Sloss, Lord Justice Morland
Children
The court had decided that the care plan proposed for the children should be accepted. This was for a long term placement with foster parents, and in due course, no doubt would lead to adoption. Both parents had suffered psychiatric problems. The mother sought continued contact with the children, with a view to a long term rehabilitation with her. Repeated attempts had been made for this, and there was evidence of psychological abuse. Contact was properly terminated where a permanent placement was anticipated, and continued contact would be disruptive of that process. The order had been made properly, and could not be set aside.
Children Act 1989 34
[ Bailii ]
 
A (a Minor) [1997] EWCA Civ 2110
16 Jul 1997
CA

Children

[ Bailii ]
 
A (a Minor) [1997] EWCA Civ 2136
18 Jul 1997
CA
Lord Justice Butler-Sloss, Lord Justice Hutchison, Lord Justice Schiemann
Children
The applicant sought a writ of habeas corpus in respect of her child who was in the care of a local authority. The child was in their care following a contested care order made by a court. The detention, so far as it was one, was lawful.
[ Bailii ]
 
In Re D (A Minor) (Contact Orders: Conditions) Gazette, 23 July 1997
23 Jul 1997
FD

Children
It ws improper to attach domestic violence type orders to an injunction within Children Act proceedings for contact.
Children Act 1989 11(7)

 
B (a Minor) [1997] EWCA Civ 2190
25 Jul 1997
CA

Children

[ Bailii ]
 
L Father v M Mother [1997] EWCA Civ 2196
25 Jul 1997
CA

Children

[ Bailii ]
 
B (a Minor) [1997] EWCA Civ 2205
28 Jul 1997
CA

Children

[ Bailii ]

 
 In Re S (A Minor) (Abduction: European Convention); HL 30-Jul-1997 - Gazette, 10 September 1997; Times, 30 July 1997; [1997] UKHL 32; [1998] AC 750; [1997] 4 All ER 251; [1997] 3 WLR 597; [1998] 1 FLR 122; [1997] Fam Law 782; [1997] 3 FCR 293

 
 Dawson v Wearmouth; CA 31-Jul-1997 - Times, 22 August 1997; Gazette, 17 September 1997; [1997] EWCA Civ 2272; [1997] 2 FLR 629; [1998] 1 All ER 271

 
 Re A (a Minor); CA 31-Jul-1997 - [1997] EWCA Civ 2252; [1997] EWCA Civ 2252
 
Re K and F (Minors) [1997] EWCA Civ 2271
31 Jul 1997
CA

Children

[ Bailii ]
 
In Re D (A Minor)(Contact Orders: Conditions) Times, 05 August 1997
5 Aug 1997
FD

Children
Wrong for court to use children case to impose injunctive relief more appropriate to domestic violence cases.

 
Re: C and K (Minors) [1997] EWCA Civ 2295
12 Aug 1997
CA

Children

[ Bailii ]
 
Re: T (Minors) [1997] EWCA Civ 2299
13 Aug 1997
CA

Children

[ Bailii ]
 
M (a Minor) [1997] EWCA Civ 2363
24 Sep 1997
CA

Children

[ Bailii ]
 
B (Minors) [1997] EWCA Civ 2418
6 Oct 1997
CA

Children

[ Bailii ]
 
S (a Minor) [1997] EWCA Civ 2445
8 Oct 1997
CA

Children

[ Bailii ]
 
In Re L (Minors) (Sexual Abuse: Disclosure) Times, 09 October 1997; [1998] 1 FCR 258
9 Oct 1997
FD
Bennett J
Children
A judge sitting in a children case has a discretion to order the passing of information about child sex abuse to non-parties, including in this case a different local authority in whose area the father lived.
1 Cites

1 Citers


 
In Re C (a Minor) [1997] EWCA Civ 2473
13 Oct 1997
CA
Ward LJ, Vinelott LJ
Children
Application for leave to appeal was given to a father against an order refusing his objection to the change of his child's surname.
[ Bailii ]
 
B (Minors) [1997] EWCA Civ 2475
14 Oct 1997
CA

Children

[ Bailii ]
 
In the Matter of H (a Minor) [1997] EWCA Civ 2489
15 Oct 1997
CA

Children

[ Bailii ]
 
B (a Minor) [1997] EWCA Civ 2510
17 Oct 1997
CA

Children

[ Bailii ]
 
B (Minors) [1997] EWCA Civ 2535
21 Oct 1997
CA

Children

[ Bailii ]
 
H (Minors) [1997] EWCA Civ 2556
23 Oct 1997
CA

Children

[ Bailii ]
 
J (a Minor) [1997] EWCA Civ 2557
23 Oct 1997
CA

Children

[ Bailii ]
 
Michael Walker v Department of Social Security [1997] EWCA Civ 2599
29 Oct 1997
CA

Benefits, Children

[ Bailii ]
 
W (Minors) [1997] EWCA Civ 2625
3 Nov 1997
CA

Children
Mother seeking leave to appeal against the dismissal of her application for leave to obtain a psychological report into the condition of her two children.
[ Bailii ]
 
A (Minors) [1997] EWCA Civ 2627
4 Nov 1997
CA

Children

[ Bailii ]

 
 In Re S (A Minor) (Child Abduction: Delay); FD 12-Nov-1997 - Times, 20 November 1997; Gazette, 12 November 1997
 
M (a Minor) [1997] EWCA Civ 2710
13 Nov 1997
CA

Children

[ Bailii ]
 
Re L (Minors) [1997] EWCA Civ 2714
13 Nov 1997
CA

Children

[ Bailii ]
 
A (a Minor) [1997] EWCA Civ 2718
14 Nov 1997
CA

Children
With reluctance the court gave leave to appeal for a prohibited steps order. That was not the correct way of achieving the purpose, but in this case, the best way ahead.
[ Bailii ]
 
Regina v Hampshire County Council ex parte H [1997] EWHC Admin 1020; [1999] 2 FLR 359
17 Nov 1997
Admn

Children, Local Government

1 Cites

1 Citers

[ Bailii ]
 
C (Minors) [1997] EWCA Civ 2783
21 Nov 1997
CA

Children

[ Bailii ]
 
J (a Minor) [1997] EWCA Civ 2841
27 Nov 1997
CA

Children

[ Bailii ]

 
 In Re C (Minors) (Change of Surname); CA 8-Dec-1997 - Times, 08 December 1997; Gazette, 17 December 1997; [1998] 2 FLR 656

 
 Regina v A M and Related Appeals; CACD 11-Dec-1997 - Times, 11 December 1997
 
H (Minors) [1997] EWCA Civ 2959
11 Dec 1997
CA

Children

[ Bailii ]
 
A (A Minor) (No 2) [1997] EWCA Civ 3034
18 Dec 1997
CA

Children
On an application for leave to appeal in a matter of contact, the judge should not make any order to extend the current contact arrangement. There is no automatic right of appeal to the Court of Appeal on contact matters. The judge's decision was well within the ambit of his discretion, and a court of appeal would not be able to disturb it.
[ Bailii ]
 
Re: E (Minors) [1997] EWCA Civ 3074; [1997] EWCA Civ 3074
19 Dec 1997
CA
Lord Justice Morritt, Lord Justice Thorpe
Children
The appellant sought leave to appeal an order regarding access to her children in care. A residential therapeutic assessment had been refused. She sought transfer of the case to the High Court. Held: The application must be refused. The judge considering the matter was experienced and had given it full consideration. The delay involved in a transfer would not be in the children's interests.
Children Act 1989 - Children (Allocation of Proceedings) Order 1991 - Practice Direction, Family Division, Distribution of Business
[ Bailii ]
 
C (Minors) [1997] EWCA Civ 3056
19 Dec 1997
CA
Lady Justice Butler-Sloss, Lord Justice Henry
Children, Adoption
A court had made an order freeing three siblings for adoption together. The parents accepted that this was inevitable for the two older but not for the third, who was a few months old. An emergency protection order had been obtained on the birth of the last child. The mother suffered depression which was likely to require long term treatment. No order had been made for a further period of assessment. Held: The need for a decision was pressing. There was some need, and the appeal court could not say the decision at first instance was plainly wrong. Appeal dismissed.
Children Act 1989 31
[ Bailii ]
 
Re: J (a Minor) [1997] EWCA Civ 3075; [1997] EWCA Civ 3075
19 Dec 1997
CA
Lord Justice Morritt, Lord Justice Thorpe
Children
There had been protracted proceedings for contact with a child. The parents were unmarried. A report recommended different counselling for both parents, but the mother did not co-operate. During supervised contact, the father had taken the child away temporarily, and he sought leave to appeal an order refusing further interim contact. Held: There was evidence of an affectionate relationship between the father and child. Nevertheless the order could not be criticised. That had no implication for the full hearing which was yet to take place. Leave to appeal was refused.
[ Bailii ]
 
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