Richard Alomo wins case for appellant father

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.

Richard Alomo is member of the Family Law Group

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