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Pulling a fast one? Specific issue/family court

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  • Pulling a fast one? Specific issue/family court

    May I have opinions please, as my understanding is that the same matter cannot be litigated twice. - Separated father held children's passports, mother made a specific issue application requesting passports to be held by her. DJ dismissed her application, intimated she was wasting court time. Wife didn't appeal DJ's decision. Some 2 years later during CA proceedings wife brought same issue up with Cafcass officer who in turn recommended that mother held the children's passports. Despite father providing the court with a copy of the original order different DJ ordered husband to give children's passports to mother.
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  • #2
    I have no specific experience about this but as a general comment it is crimes that (generally) you can't be prosecuted twice for and civil court judgements that determine disputes. Other court orders in civil courts can be reviewed as circumstances change. Whether review is appropriate in your specific situation I couldn't say
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Circumstances change. I see no reason in a family case for the court NOT to review things. Remember that under the Children Act 1989 the court's paramount concern is for the children.
      Last edited by atticus; 8th October 2024, 12:38:PM. Reason: Insert the word "not" - see psots below.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Originally posted by atticus View Post
        Circumstances change. I see no reason in a family case for the court to review things.

        Did you mean "I see no reason in a family case for the court not to review things."?
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          I did indeed mean that! Thank you.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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