Thu, 23 Feb 2017
Richard Alomo acted for the Appellant father who was successful in setting aside an open ended passport order made by Roderic Wood J at the conclusion of related care proceedings.
In granting permission to appeal, Mcfarlane LJ commented that:
"The proposed appeal … raises important points of principle and jurisdiction … [and] concerns an issue (namely the making of an open-ended passport order at the conclusion of proceedings) which is a matter of importance and about which there is apparently no extant authority."
In setting aside the passport under CPR 52.10 Sir James Munby P observed, inter alia, that:
(1) 'if an open ended passport order can ever be justified it is likely only to be in an unusual and probably extreme case where it can be demonstrated, after a close evaluation of the degree of risk to the children and of the harm to which they will be exposed if the risk becomes a reality, that such a serious invasion of the passport-holder’s rights is proportionate and necessary' and (2) 'if such an order can properly be and is made, it should usually be for a defined period of time.