Re P & N (s 91(14): application for permission to apply: appeal)

Family proceedings – Orders in family proceedings. A mother successfully appealed against a judge's decision, allowing a father's (without notice) application for permission to apply for a contact order, under s 8 of the Children Act 1989, concerning his sons, in circumstances where that application had been made following the imposition of an earlier order (under CA 1989 s 91(14), requiring the father to seek permission to make further such applications. The Family Division, in allowing the mother's appeal, considered the test to be applied in respect of such applications for permission, following the imposition of a s 91(14) order. It ruled that, applying the correct test to the facts, the judge had adopted a flawed procedure in granting the father's application without affording the mother the opportunity to make representations, that his ultimate reasoning had been erroneous, and that the decision was unjust.

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