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Family Law

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Court of Protection Practice and Procedure Conference 2016

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16 NOV 2005

CONTACT: Re K and S (Late Appeal: Welfare Considerations) [2005] EWCA Civ 1660

(Court of Appeal; Thorpe, Rix and Wilson LJJ; 16 November 2005)

The judge at first instance had made a contact order in the father's favour without making findings concerning the domestic violence alleged by the mother. The court granted permission to appeal on the basis of the importance of emphasising the obligation on the trial judge to adhere carefully to guidelines issued by the Court of Appeal, but dismissed the appeal on the basis that following the delay between the judgment and the appeal, the welfare of the children prohibited a return to an unlimited retrial of the issue of contact.

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