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(Court of Appeal; Wall and Richards LJJ and Sir Paul Kennedy; 20 May 2008)
The court expressed concern that the judge had, after dispensing with the guardian and shutting out further applications under s 91(14), discharged the contact order on the basis that the elder child would make her arrangements as to contact unimpeded by the mother, with no contact arrangements concerning the youngest child. It was not appropriate to impose any further order, but it was appropriate to reinstate the guardian, as an independent third party who could assist the parties, in particular by providing a mechanism to ensure that the mother's assurances were being honoured.
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