APPEALS: CONTACT: Re K (Appeal: Contact) [2010] EWCA Civ 1365

14 JAN 2011

(Court of Appeal; Sir Nicholas Wall P, Laws and Toulson LJJ; 2 December 2010)

The District judge dismissed the father's application for contact with children and made a s 91(14) order for one year.  The District judge made a finding that the father was guilty of serious litigation conduct in withdrawing a previous contact application to avoid a fact finding hearing.  

Father's appeal allowed. The District Judge's order for no contact and a s91(14) order deprived the children of the chance of growing up with a real knowledge of their father without oral evidence and in breach of the father's Art 6 rights. It was plainly wrong and the appeal Judge should have said so. The father's litigation conduct did not mean his application had no prospect of success, being based on the paramount welfare of the children.

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