G & P (Children), Re [2001] EWCA Civ 1431 (13 September 2001)

G & P (Children), Re [2001] EWCA Civ 1431 (13 September 2001)

The trial judge made a balanced and proper assessment of the father's capacity to care for P, including emotional and protective aspects, and correctly exercised discretion in refusing a psychological assessment where prospects of a positive outcome were slender. There was no misdirection or error justifying...

Source-derived case information.

Citation
[2001] EWCA Civ 1431
Parties
Applicant/father: I P; Respondent/local Authority: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
13 September 2001
Procedural Posture
Family Law Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Care Orders, Parental Responsibility, Appeals Procedure, Assessment of Parenting Capacity
Family Law Child Law Care Orders Parental Responsibility Appeals Procedure Assessment of Parenting Capacity

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Summary, issues, holding and outcome

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Parties

I P

Applicant/father

Surrey County Council

Respondent/local Authority

Procedural Posture

Family Law Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing the father's application to be sole carer for child P
  2. 2 Whether the judge erred in refusing to order a psychological assessment of the father

Ratio Decidendi

The trial judge made a balanced and proper assessment of the father's capacity to care for P, including emotional and protective aspects, and correctly exercised discretion in refusing a psychological assessment where prospects of a positive outcome were slender. There was no misdirection or error justifying appellate intervention.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused