P v B (Permission to appeal an arbitral award: children) [2025] EWFC 69 (B) (10 January 2025)

P v B (Permission to appeal an arbitral award: children) [2025] EWFC 69 (B) (10 January 2025)

There was no duty on the arbitrator to reconsider her determination absent both parties' agreement; the arbitrator conducted a sufficient welfare analysis and balanced the parties' positions; the grounds of challenge have no real prospect of success under either test for permission to appeal.

Citation
[2025] EWFC 69 (B)
Parties
Father: P (DP); Mother: B (LB)
Jurisdiction
England and Wales
Judgment Date
10 January 2025
Procedural Posture
Family Law Children (permission to Appeal Arbitral Award) / Permission to Appeal (on Paper, Without Hearing)
Outcome
Permission to appeal refused
Legal Topics
Child Arrangements, Arbitral Award Challenge, Permission to Appeal, Welfare Principle, Arbitration Act 1996
Family Law Arbitration Child Arrangements Arbitral Award Challenge Permission to Appeal Welfare Principle Arbitration Act 1996

Case Brief

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Parties

P (DP)

Father

B (LB)

Mother

Procedural Posture

Family Law Children (permission to Appeal Arbitral Award) / Permission to Appeal (on Paper, Without Hearing)

Legal Issues

  1. 1 Whether the arbitrator erred in refusing to reconsider the division of summer holidays
  2. 2 Whether the arbitrator failed to conduct a welfare analysis
  3. 3 Whether the arbitrator failed to give reasons for the division of time

Ratio Decidendi

There was no duty on the arbitrator to reconsider her determination absent both parties' agreement; the arbitrator conducted a sufficient welfare analysis and balanced the parties' positions; the grounds of challenge have no real prospect of success under either test for permission to appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal the arbitral determinations of 31 May and 12 July 2024 is refused.
  • Applicant may request reconsideration at oral hearing within 7 days of service.