The Final Order of the Corrupt Court, inc gagging order

IN THE HIGH COURT OF JUSTICE                                                                    Case Number: EX11C00009

FAMILY DIVISION EXETER DISTRICT REGISTRY                                                               EX11C00033

BEFORE HIS HONOUR JUDGE TYZACK QC IN PRIVATE, SITTING AS A JUDGE OF THE FAMILY DIVISION

IN THE MATTER OF THE CHILDREN ACT 1989

AND IN THE MATTER OF THE COURT'S INHERENT JURISDICTION

BETWEEN

L COUNTY COUNCIL

and

T COUNTY COUNCIL

and

MOTHER

and

FATHER

and

GRANDPARENTS

and

CHILD (by their children’s guardian)

and

 (Intervenor)

Before His Honour Judge Tyzack QC on the 13^th of January 2012, sitting as a Judge of the Family Division.

Upon hearing counsel for LOCAL AUTHORITY L , SECOND LOCAL AUTHORITY T and GRANDPARENTS , solicitor for Dr (FATHER) and for the children.

And upon this matter being transferred to the High Court for the purpose of exercising the inherent jurisdiction in the making of this order.

And upon MOTHER AND INTERVENOR not attending in person, but INTERVENOR attending by telephone and having taken the opportunity to cross-examine the social workers for each Local Authority and make submissions and having been given and declined the opportunity to cross-examine the other witnesses.

And upon the court having refused MOTHER AND INTERVENOR application to adjourn these proceedings and for MOTHER to be represented in these proceedings by INTERVENOR

And upon INTERVENOR having declined the opportunity to attend the court on the second day of the hearing.

And upon the court having spoken to MOTHER by telephone and given her the opportunity to make submissions to the court, which opportunity she declined.

And upon the court noting the provision made for contact within the final care plans and expressing the hope that MOTHER will avail herself of the contact presently offered with a view to it progressing thereafter.

And upon the court finding that the threshold criteria are met in relation to each child and that the orders set out below are in the best interests of the children, and indicating that full written reasons for these decisions shall be handed down on the 3^rd of February 2012, all parties being excused from attending at court on that date.

NOTICE TO MOTHER AND INTERVENOR: if you disobey the terms of paragraph 9 of this order you may be found guilty of contempt of court and may be sent to prison or be fined or have your assets seized. You should read the order carefully and are advised to consult a solicitor as soon as possible.  You have the right to ask the Court to vary or discharge the order.

IT IS ORDERED THAT:

1.       There shall be supervision orders in relation to the children in favour of T Council until 23:59 on the 11^th of January 2013.

2.       There shall be Special Guardianship orders in relation to the children in favour of GRANDPARENTS

3.       Pursuant to section 91(14) of the Children Act 1989 neither the respondent MOTHER, the intervenor  nor the respondent father shall be permitted to make any application under section 8 or section 14D of the Children Act 1989 in relation to the children without the leave of the court. And it is provided that:

(a)   Any application for leave shall be listed before His Honour Judge Tyzack QC (if available);

(b)   Any application to vary or discharge the terms of this order shall be made formally in writing and shall be listed before His Honour Judge Tyzack QC (if available); 

(c)   Service of that application on the Special Guardians shall be effected by the court office;

(d)   The Special Guardians shall be excused attendance at any hearing of such application if so advised;

(e)   Such orders shall expire on the 20^th of January 2016.

           

4.       Pursuant to section 14B(2)(b) of the Children Act 1989 the court grants leave for:

(a)   The respondent father to remove the children or either of them, from the United Kingdom for the purpose of foreign holidays, on condition that he provides to GRANDPARENTS full details of the proposed holiday in advance, to include flight details, accommodation and contact details together with details of any internal travel plans, in the absence of which GRANDPARENTS will not release the children’s passports to him;

(b)   The children or either of them, to be removed from the United Kingdom for the purpose of foreign trips organised by the school or such other providers of organised activities for the children as may be consented to by GRANDPARENTS; and

(c)   The children or either of them to be removed from the United Kingdom for the purpose of foreign holidays by (RELATIVES), providing that they, or either of them, provide to GRANDPARENTS full details of the proposed holiday in advance, to include flight details, accommodation and contact details together with details of any internal travel plans, in the absence of which GRANDPARENTS will not release the children’s passports to them;

5.       The respondent father shall forthwith, and in any event within 48 hours of receipt by him thereof, release to GRANDPARENTS the passports for the children, and GRANDPARENTS shall thereafter shall hold any such passport identity card or associated authority to travel issued in relation to the children.

6.       Any person travelling with the children, or either or them, out of the United Kingdom by virtue of paragraph 5 of this order shall return the passports of the children, or either of them, to, immediately upon the children’s return to the United Kingdom, and in any event within 24 hours of such return.

7.      Upon service of this order on the Passport Office no further passport shall be issued in the names of the children without the written consent of the Special Guardians or either of them.

8.      No person shall apply for the issue of any passport, identity card or associated authority to travel for either by the authorities, or by other any Country outside the United Kingdom until further order of the court. For the avoidance of doubt this does not preclude the entry into the United Kingdom passport of either child of any visa for entry into another jurisdiction.

                 

9.       Pursuant to the Court’s Inherent Jurisdiction both the respondent mother and the Intervenor shall, upon service with this order, be prohibited until further order from disclosing any information for publishing or broadcasting in any newspaper, magazine, public computer network, internet website, sound or television broadcast or cable or satellite programme service of:

(a)           the name and address of:

(i)       the children

(ii)      the children parents (including the children’s step-father);

(iii)                GRANDPARENTS (SPECIAL GUARDIANS)

; or

(iv)     the Local Authority in whose area the children is resident (currently T Council).

(b)      any picture being or including a picture of either the children the children’s parents (including the children’s step-father); or

(c)      any other particulars or information relating to the children

IF, BUT ONLY IF, such information is likely to lead to the identification of the children Any application to vary or discharge the terms of this order shall be made formally in writing and shall be listed before His Honour Judge Tyzack QC (if available) and service of that application on the Special Guardians shall be effected by the court office. The Special Guardians shall be excused attendance at any hearing of such application if so advised.

10.     There shall be permission to the Special Guardians, to disclose a copy of this order to the passport agency and any relevant official agency involved with either themselves or the children

11.     For the avoidance of doubt all previous orders in relation to the children (save for the reporting restriction orders made on the 12^th of January 2012) are hereby discharged.

12.     The reporting restriction orders made on the 12^th of January 2012 in relation to the children shall be varied under the slip rule so that any reference to CHILD 1 shall read as .

13.     There shall be no order as to costs save detailed assessment of the publicly funded costs of each party who is or has been in receipt of public funding during these proceedings.