P v F
[2023] EWHC 2730 (Fam)
Re S (CA 1989, s 91(14))
16 March 2023
[2023] EWHC 1161 (Fam)
High Court
A dad couldn't see his kids because of a court order. His first attempt to get the order changed was a mess because of bad technology. The judge said the dad deserves a second chance with a proper hearing to see if he can now spend time with his children.
Key Facts
- •Appeal against an order denying a father leave to issue a child arrangements order.
- •Father hadn't seen his children for years due to a s.91(14) order imposed in 2017 following domestic abuse findings.
- •The s.91(14) order was extended in 2019 until the youngest child turned 16 (2031).
- •Father served a prison sentence for an unrelated violent offense.
- •Father obtained a psychological report and completed several courses addressing his past behavior.
- •Father established a stable relationship and job.
- •The initial hearing before Judge Patel was unsatisfactory due to technical issues and the father's difficulties participating remotely.
- •The father was a litigant in person.
Legal Principles
Test for leave to apply for a child arrangements order when subject to a s.91(14) order.
Re S [2006] EWCA Civ 1190
The test requires demonstrating a need for renewed judicial investigation based on an arguable case; a less stringent standard than that for non-parents under s.10(9).
Re P v N [2019] EWHC 421 (Fam), Re S [2006] EWCA Civ 1190
When considering leave under s.91(14), the court must consider whether a material change of circumstances has occurred since the order was made.
Children Act 1989, s.91A(4)
Outcomes
Appeal allowed.
The initial hearing was unfair due to technical difficulties and procedural flaws, preventing the father from presenting his case effectively.
Leave to apply for a child arrangements order will be reconsidered.
The original hearing was deemed unfair and procedurally flawed, requiring a rehearing with proper consideration of the relevant legal test and all material evidence.
The application will be heard again with notice to the mother, and consideration of all relevant prior judgments.
To ensure fairness and a thorough assessment based on the correct legal standard and complete information.