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Preliminary trial of issues inappropriate in urgent childcare proceedings
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High Court, in novel proceedings brought by the mother of a child who is seeking to have the Child and Family Agency found in contempt of Court for failing to comply with a special care order, refuses to direct: (1) the trial of preliminary issues concerning the appropriateness of bringing a claim for contempt of Court by way of Plenary Summons, on the grounds that the justice of the case requires a full and expeditious hearing of the case in its entirety and where it is not appropriate for the trial of preliminary issues where the entire proceedings ought to have been disposed of expeditiously; and (2) the removal of the child’s father and guardian ad litem as notice parties where both parties, and in particular the father, has a vital interest in the outcome of the proceedings.
Application to have issue heard as a preliminary matter - plaintiff mother of B - B previously in care of the Child and Family Agency - pursuant special care order - B diagnosed with ADHD and other medical conditions associated with child trauma - numerous extensions of special care order - latest special care order granted but not been given effect to - asserted by plaintiff that this is a systemic breach of High Court order - plaintiff not seeking the arrest or detention of any member of Child and Family Agency - defendant seeking order for preliminary issues to be tried - pursuant O.25 RSC - or in the alternative O.34, r.2 RSC - defendant argues contempt is not a cause of action - consideration of O.25 RSC & O.34 RSC - court considers resolution of preliminary issue would require analysis of factual situation - further require oral evidence - court finds it would not be just or convenient to hear issue as a preliminary issue - preliminary issue is inextricably linked with primary issue - overall justice of case requires full hearing - real danger that preliminary hearing would result in absence of important and relevant evidence - preliminary trial of issue is inappropriate where entire proceedings ought to be disposed of expeditiously - court notes novel issues raised - risk of justice being in disrepute where there would not be a unitary and full hearing - court refused to direct removal of father as notice party - father has vital interest in outcome of case - court refuses to remove guardian ad litem as notice party.
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