R (children), Re

R (children), Re

The judge did not err in her exercise of discretion; she properly balanced all relevant factors and did not give determinative weight to D's wishes. Placement with the grandmother would not meet the needs of all three children, and the appeal must be dismissed.

Parties
Appellant (maternal Grandmother): SG; 1st Respondent: A Local Authority; 2nd Respondent: NR (The Mother); 3rd Respondent: DR (The Father); 4th Respondent: DR, JR & CR (by their Children’s Guardian); 5th Respondent: The Second Local Authority
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Appeal (care Proceedings) / Appeal From Portsmouth County Court Decision on Interim and Care Orders
Outcome
Appeal dismissed
Legal Topics
Care Orders, Residence Orders, Special Guardianship, Adoption, Children's Welfare, Appeals
Family Law Child Protection Care Orders Residence Orders Special Guardianship Adoption Children's Welfare Appeals

Case Brief

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Parties

SG

Appellant (maternal Grandmother)

A Local Authority

1st Respondent

NR (The Mother)

2nd Respondent

DR (The Father)

3rd Respondent

DR, JR & CR (by their Children’s Guardian)

4th Respondent

The Second Local Authority

5th Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal From Portsmouth County Court Decision on Interim and Care Orders

Legal Issues

  1. 1 Whether the judge erred in dismissing the maternal grandmother's applications for residence or special guardianship orders
  2. 2 Whether undue weight was given to the wishes of the child D
  3. 3 Whether the judge failed to balance the interests of all three children and the importance of family placement

Ratio Decidendi

The judge did not err in her exercise of discretion; she properly balanced all relevant factors and did not give determinative weight to D's wishes. Placement with the grandmother would not meet the needs of all three children, and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted but appeal dismissed
  • Interim care orders continued