Folett and Langley (No 2)

This matter concerned an application by the father for a stay of orders made on 8 March 2016, specifically concerning the discharge of the Independent Children’s Lawyer and the mother’s relocation to B Town. The proceedings were before Benjamin J.

The primary legal issues before the court were whether to grant a stay of the order discharging the Independent Children’s Lawyer pending the outcome of an appeal, and whether to grant a stay of the order permitting the mother’s relocation to B Town. The court also considered the father's application for a stay generally.

Benjamin J ordered that the discharge of the Independent Children’s Lawyer be stayed pending the appeal, noting that this was not intended to compel or discourage the lawyer's participation, and that the lawyer had expressed a preliminary view on the limited value of his involvement unless fresh evidence was adduced. The court also stayed the order regarding the mother's relocation to B Town until 2 December 2016. The father's broader application for a stay was otherwise dismissed, and costs were reserved.