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Clayton v Clayton

The prohibition on publication in s 97 of the Children Act 1989 ceased to have effect when the Children Act proceedings came to an end. However that did not mean that a judge might not, in the welfare interests of the child and in order to protect his or her privacy under Art 8 of the European Convention on Human Rights 1950, make an injunction or an order prohibiting identification of the child, not simply to the extent set out in s 97(2), but for a period beyond the end of the proceedings.

7 July 2006

The appellant father (F) appealed against a decision continuing an injunction restraining him from publishing various matters concerning his daughter (C). C was the only child of F and the mother (M). Proceedings had been commenced between the parents under the Children Act 1989. During the course of the proceedings F abducted C and took her to Portugal. F was arrested and sentenced to imprisonment for child abduction. The abduction received a great deal of publicity, including featuring in a television documentary. After F’s release, M became aware that F wished to take C back to Portugal with him to make a video diary retracing his steps during the abduction. At that time the Children Act proceedings had been adjourned, but M obtained an injunction restraining F from publishing any matter relating to C until her 18th birthday. The Children Act proceedings were subsequently disposed of by agreement between the parties. However, the judge continued the injunction on the grounds th...

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