L (A Child)

L (A Child)

There was no reasonable prospect of success on appeal as the trial judge's findings were supported by evidence, the welfare analysis was balanced, the judge properly exercised discretion regarding expert evidence and party status, and no procedural unfairness or error of law was established.

Parties
Subject: L (A Child); 1st Appellant: The Parent; 2nd Appellants: The Grandparents; 1st Respondent: London Borough of Wandsworth; 2nd Respondent: The Parent; 3rd and 4th Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
21 February 2018
Procedural Posture
Appeal (family/care Orders) / Permission to Appeal (oral Hearing and Determination)
Outcome
Permission to appeal refused
Legal Topics
Care Orders, Welfare of Children, Appeals, Expert Evidence, Parental Alienation, Special Guardianship, Threshold Criteria
Family Law Child Law Care Orders Welfare of Children Appeals Expert Evidence Parental Alienation Special Guardianship +1 more

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Parties

L (A Child)

Subject

The Parent

1st Appellant

The Grandparents

2nd Appellants

London Borough of Wandsworth

1st Respondent

The Parent

2nd Respondent

Children’s Guardian

3rd and 4th Respondent

Procedural Posture

Appeal (family/care Orders) / Permission to Appeal (oral Hearing and Determination)

Legal Issues

  1. 1 Whether the trial judge erred in making care orders for the children
  2. 2 Whether the judge failed to properly consider the wishes and feelings of the child A
  3. 3 Whether the judge erred in refusing further expert evidence on parental alienation

Ratio Decidendi

There was no reasonable prospect of success on appeal as the trial judge's findings were supported by evidence, the welfare analysis was balanced, the judge properly exercised discretion regarding expert evidence and party status, and no procedural unfairness or error of law was established.

Court Disposition

Permission to appeal refused

Orders

  • Applications for permission to appeal by the mother and grandparents refused