A (a child), Re

A (a child), Re

The applicant had no realistic prospect of success on appeal as the trial judge's findings on the unsuitability of the grandparents and the necessity of care and placement orders were well-founded on the evidence. The delay in filing the appeal was substantial and unjustified.

Parties
Applicant / Maternal Grandmother: Mrs A; Subject Child: C (a child); First Respondent: Mother of C; Second Respondent: Non-marital Father of C; Third Respondent: Maternal Grandfather; Applicant in Lower Court / Local Authority: Rotherham Metropolitan Borough Council; Fifth Respondent: C (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
29 August 2007
Procedural Posture
Civil (family) / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused; extension of time refused.
Legal Topics
Care Orders, Placement Orders, Adoption, Leave to Apply for Residence Order, Extension of Time for Appeal
Family Law Child Protection Care Orders Placement Orders Adoption Leave to Apply for Residence Order Extension of Time for Appeal

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Parties

Mrs A

Applicant / Maternal Grandmother

C (a child)

Subject Child

Mother of C

First Respondent

Non-marital Father of C

Second Respondent

Maternal Grandfather

Third Respondent

Rotherham Metropolitan Borough Council

Applicant in Lower Court / Local Authority

C (by her Children's Guardian)

Fifth Respondent

Procedural Posture

Civil (family) / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the lower court erred in making care and placement orders for C
  2. 2 Whether the maternal grandparents should have been granted leave to apply for a residence order
  3. 3 Whether the mother's agreement to the threshold criteria was valid

Ratio Decidendi

The applicant had no realistic prospect of success on appeal as the trial judge's findings on the unsuitability of the grandparents and the necessity of care and placement orders were well-founded on the evidence. The delay in filing the appeal was substantial and unjustified.

Court Disposition

Permission to appeal refused; extension of time refused.

Orders

  • Application for permission to appeal refused.
  • Extension of time to appeal refused.