Source: All England Reporter
Publisher Citation: [2003] All ER (D) 54 (Dec)
Court: Court of Appeal, Civil Division
Judge:

Thorpe and Mance LLJ
Representation Simon Gill for the father.
  Omar Malik for the mother.
Judgment Dates: 3 December 2003

Catchwords

Children - Contact order - Application by father - Mother's opposition - Direct or indirect contact - Father's right to contact - Order limiting parent's right to make further applications - Appeal s 91(4).

The Case

In the instant case the court's discretionary powers under s91(4) of the Children Act should have been exercised in the best interests of the child. The length of prohibition for further applications without leave of the court should be proportionate to the harm that was intended to be avoided. Where direct contact had been refused the court should always consider whether indirect contact was a viable alternative.

Practice Areas

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