Cases

Clayton v Clayton

Held

s.97(2) of the Children Act 1989 only prevents publication of information identifying a child as being the subject of proceedings while the proceedings are still afoot. These proceedings had concluded in July 2005. The judge did not seek to carry out a balancing exercise by focusing on the specifics of the rights and interests that were engaged, and failed to give adequate weight to the father's right to campaign for reform in the family justice system by reference to his own case. The appeal therefore succeeded and the injunction was discharged. However, the father's intention to involve the child in the making of a film about, amongst other things, his abduction of her engaged not merely the child's article 8 rights but was also a matter relating to the child's upbringing. s.1 of the Children Act was therefore engaged and the child's interests were paramount. A prohibited steps order was made in substitution for the original order.

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