S (A Child)

S (A Child)

The trial judge's findings and conclusions were open to her on the evidence, and her exercise of discretion in making the child arrangements order in favour of the mother was not flawed, erroneous, or wrong. The appellate court found no serious procedural error or irregularity to justify interference.

Parties
Appellant/father: AB; Respondent/mother: Mother (name not provided)
Jurisdiction
England and Wales
Judgment Date
27 May 2016
Procedural Posture
Family Law Child Arrangements / Appeal From Family Court Decision on Child Arrangements Order
Outcome
Appeal dismissed
Legal Topics
Child Arrangements Order, Welfare of the Child, Appeal Procedure, Parental Responsibility, Risk of Abduction
Family Law Child Arrangements Order Welfare of the Child Appeal Procedure Parental Responsibility Risk of Abduction

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Parties

AB

Appellant/father

Mother (name not provided)

Respondent/mother

Procedural Posture

Family Law Child Arrangements / Appeal From Family Court Decision on Child Arrangements Order

Legal Issues

  1. 1 Whether the trial judge erred in making a child arrangements order in favour of the mother
  2. 2 Whether the judge gave sufficient weight to the risk of abduction, safeguarding concerns, and the status quo
  3. 3 Whether the judge properly considered the evidence and recommendations of CAFCASS

Ratio Decidendi

The trial judge's findings and conclusions were open to her on the evidence, and her exercise of discretion in making the child arrangements order in favour of the mother was not flawed, erroneous, or wrong. The appellate court found no serious procedural error or irregularity to justify interference.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The child arrangements order in favour of the mother stands.