Published 03 November 2016
Strike out, stay or dismissal application — Family Courts Rules 2002, rr 193 and 194 — whether continuation of proceedings were clearly contrary to the children's welfare and best interests — Care of Children Act 2004, ss 77 and 140. An application to strike out, stay or dismiss was granted. The proceedings dismissed under s 140 of the Care of Children, rr 193 and 194 having been considered. The judge noted that an application to strike out or dismiss an application must not be made lightly and the discretion is used sparingly and only in very clear cases. It was also noted that this case was different to other cases as here there had been no substantive hearings for a final protection order or held concerning care and contact arrangements. The high threshold required for strike out was met as the father’s application was “doomed to failure”. There was no prospect that his application to relocate to a different country and assume day-to-day care of children could succeed on the facts. Judgment Date: 24 March 2016. * * * Note: names have been changed to comply with legal requirements.* * *
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