Source: All England Reporter
Publisher Citation: [2010] All ER (D) 225 (May)
Neutral Citation: [2009] EWCA Civ 1548
Court: Court of Appeal, Civil Division
Judge:

Smith and Wilson LJJ
Representation The father appeared in person.
  Maria Mulrennan for the mother.
Judgment Dates: 14 December 2009

Catchwords

Family proceedings - Orders in family proceedings - Order restricting applications without leave of court - Dispute as to contact arising between parties - Family proceedings court making arrangements for contact - Mother applying for residence order - Judge making order restricting father making further applications without leave of court - Whether judge erring - s 91(14).

The Case

Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, found that the judge had erred in making an order under s91(14) of the preventing the father from making further applications, in relation to his child, without the leave of the court. The power to make an order under s91(14) of the Act was to be used with great care and sparingly. Moreover, it was generally to be seen as a weapon of last resort in cases of repeated and unreasonable applications.

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