S (A Child) [2016] EWCA Civ 495 (27 May 2016)

S (A Child) [2016] EWCA Civ 495 (27 May 2016)

The trial judge's findings and conclusions were open to her on the evidence, and her exercise of discretion in ordering that the child live with the mother and spend time with the father was not flawed, erroneous, or wrong. The appeal is dismissed as the father failed to establish any error or injustice in the original decision.

Citation
[2016] EWCA Civ 495
Parties
Appellant/father: AB; Respondent/mother: Mother (name not specified)
Jurisdiction
England and Wales
Judgment Date
27 May 2016
Procedural Posture
Appeal (family Law Child Arrangements) / Court of Appeal Judgment on Appeal From Family Court
Outcome
Appeal dismissed
Legal Topics
Child Arrangements Order, Appeal, Welfare of the Child, Parental Responsibility, Risk of Abduction, CAFCASS Recommendations
Family Law Child Arrangements Order Appeal Welfare of the Child Parental Responsibility Risk of Abduction CAFCASS Recommendations

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Parties

AB

Appellant/father

Mother (name not specified)

Respondent/mother

Procedural Posture

Appeal (family Law Child Arrangements) / Court of Appeal Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the trial judge erred in making a child arrangements order in favour of the mother
  2. 2 Whether sufficient weight was given to the risk of abduction, safeguarding concerns, and CAFCASS recommendations

Ratio Decidendi

The trial judge's findings and conclusions were open to her on the evidence, and her exercise of discretion in ordering that the child live with the mother and spend time with the father was not flawed, erroneous, or wrong. The appeal is dismissed as the father failed to establish any error or injustice in the original decision.

Court Disposition

Appeal dismissed

Orders

  • Child to live with mother and spend time with father as per original order
  • No adjudication on post-judgment developments; further applications to be made to Family Court if necessary