Duncan Lewis

Family Law

know matters can be both

highly sensitive and confusing

A woman involved in a divorce proceedings has had restriction order overturned in the High Court

Date: (26 June 2012)    |    

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A woman with two children who was entangled in a divorce battle was ordered, nearly two years ago by a district judge overseeing divorce proceedings, to live in a specified address but the same was overruled by the Family Division of the High Court.
For legal reasons the woman was not identified by her name.
Mr Justice Charles lifted the restriction after ruling that that woman should be allowed to find work and support her children as she wished.
The woman who described her restriction as ‘house arrest’ which comparison was not agreed upon by Mr Justice Charles but he nevertheless ruled that the restriction imposed upon her was curtailing opportunity for her to seek employment and it hampered her children’s relationship with relatives which also left her struggling to pay bills.
He heard that the restriction was part of a "prohibited steps order" made under section 8 of the Children Act 1989 by a district judge in 2010 which was to allow the woman's estranged husband who lived near the specified address to have regular contact with the children.
The woman challenged the restriction yesterday at a private hearing in the family division of the High Court.
Mr Justice Charles gave permission for a journalist to attend the hearing following an application by Press Association reporter Brian Farmer, who then made a further request to be allowed to report parts of the proceedings, arguing that coverage would be in the public interest.
The judge said the woman and her children had to remain in England or Wales - within the jurisdiction of the High Court, while legal proceedings continued.
A further High Court hearing related to the divorce proceedings was scheduled for later this year.