Applying For A Rehearing In Family Proceedings
By Rodney Noon, Solicitor, Rodney W Noon & Co, Harrogate
Children Act proceedings
In Children Act proceedings, particularly if the advice is sought by the failed applicant, consideration may be given to simply renewing the application. If the client appears to have a viable case but has presented it to the court in a deficient manner so that the court did not have key pieces of information, then ‘do it again and do it right this time’ may be the best advice. Section 8 orders are (almost) always open to review as the circumstances and needs of the child change with time.
The basis for renewing the application very soon after a substantive hearing must however be made clear. What information was the court not told about? Why not? What is its significance to the case? These details must be made clear on the face of the application to avoid it it being summarily dismissed under rule 4.4 Family Procedure Rules 2010 on the basis that “the statement of case discloses no reasonable grounds for bringing or defending the application”. Click Here To Read More>>>
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