BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
England and Wales Court of Appeal (Civil Division) Decisions |
||
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> H (Children) [2006] EWCA Civ 1206 (25 July 2006) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2006/1206.html Cite as: [2006] EWCA Civ 1206 |
[New search] [Printable RTF version] [Help]
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE PRINCIPAL REGISTRY OF THE FAMILY DIVISION
(HIS HONOUR JUDGE DARWALL SMITH)
(MR JUSTICE SINGER)
Strand London, WC2 |
||
B e f o r e :
____________________
IN THE MATTER OF H (CHILDREN) |
____________________
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
____________________
Crown Copyright ©
"The judge found in the clearest terms that what the mother and the children needed was a period of respite, which she said should last until 2010, and yet within a matter of eight or nine months the father seeks to reopen it all, on a basis which clearly does not accept any element of the responsibility, as found by the judge, he bears for the tragic state of affairs that requires the children to be protected from contact with him, other than as ordered by the judge at this stage. There is no basis at all upon which I should or could give leave to Mr H to reopen in a fresh contact application matters so recently concluded and indeed still the subject of appeal. His application must be dismissed. There is no point at all in adjourning it to a date after the hearing of his oral application, because his oral application if successful will lead to an appeal. As I understand it, the mother and her representatives have not be bidden to attend on that date and so permission if granted will have to be for an appeal at a fixed time. In the meantime this pending application, if I were to adjourn it, would simply be another instrument of pressure on the mother, or so it might be perceived by her.
"I dismiss the application."
Order: Application refused.