SH (A Child)
The mother failed to provide a satisfactory explanation for the delay in filing the appeal. The grounds of appeal did not demonstrate a realistic prospect of success or any compelling reason to grant permission. The Recorder's evaluation of the evidence and the child's welfare was justified and supported by the material before her. There was no procedural unfairness or error warranting intervention.
- Parties
- Applicant (mother): AB; First Respondent (father): CD; Second Respondent (subject Child): SH
- Jurisdiction
- England and Wales
- Judgment Date
- 11 June 2020
- Procedural Posture
- Family Law Appeal / Application for Extension of Time and Permission to Appeal
- Outcome
- Permission to appeal refused; extension of time to appeal refused.
- Legal Topics
- Child Arrangements, Appeal Procedure, Extension of Time, Welfare of the Child
Case Brief
Summary, issues, holding and outcome
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Parties
AB
Applicant (mother)
CD
First Respondent (father)
SH
Second Respondent (subject Child)
Procedural Posture
Family Law Appeal / Application for Extension of Time and Permission to Appeal
Legal Issues
- 1 Whether the delay in filing the appeal should be excused and an extension of time granted
- 2 Whether permission to appeal should be granted on the grounds advanced by the mother
- 3 Whether the Recorder's evaluation of the child's welfare and the weight given to evidence was erroneous or procedurally unfair
Ratio Decidendi
The mother failed to provide a satisfactory explanation for the delay in filing the appeal. The grounds of appeal did not demonstrate a realistic prospect of success or any compelling reason to grant permission. The Recorder's evaluation of the evidence and the child's welfare was justified and supported by the material before her. There was no procedural unfairness or error warranting intervention.
Court Disposition
Permission to appeal refused; extension of time to appeal refused.
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