C v C (Approved)

3.������ As mentioned, a barring order has issued against the husband. This issued from the District Court on 10 November last and directs the father to leave the family home, prohibits him from entering the home until a stated date, and contains prohibitions on using or threatening to use violence, etc.

4.������ Separately, Ms C has commenced proceedings under the Guardianship of Infants Act 1964 in which, inter alia , she seeks an order regulating interim access arrangements with the children.� One might perhaps instinctively have expected that Mr C would seek whatever access he wishes for at this time within the context of those proceedings. However, he has commenced separate judicial separation proceedings, as he is entitled to do. In the context of those proceedings he issued a notice of motion of 10 December 2020 in which he seeks, inter alia , the following reliefs:

�1. ��� An interim order pursuant to section 6 of the Family Law Act 1995 and under section 11 of the Guardianship of Infants Act 1964 regulating the contact that each party is to have to the dependent children of the marriage pending the determination of the within proceedings.

����� To the extent as may be required, an order pursuant to section 6 and/or 10 of the Family Law Act 1995 varying the barring order that was made by the District Judge�on the 10th November 2020.�

5.������ It is relief 2 that is the focus of the within judgment, for a question arises as to whether the High Court, if minded, on the evidence before it, to grant access of the type sought here by the husband, has the power in proceedings such as the within to vary a barring order that has separately been granted by the District Court. The court ruled at the hearing of the within motion that it did not have that power and that it would provide a written judgment outlining its reasons for that ruling. This is that judgment.