G (A Child) [2006] EWCA Civ 745 (17 May 2006)

G (A Child) [2006] EWCA Civ 745 (17 May 2006)

The trial judge's decision on contact was not plainly wrong given the evidence, expert advice, and the welfare of the child, but the parental responsibility order was procedurally unsatisfactory as such orders cannot be suspended; the proper course is to adjourn the application with liberty to restore.

Citation
[2006] EWCA Civ 745
Parties
Appellant's Advocate: Ms S Campbell; First Respondent's Advocate: Mr J Rees; Second Respondent's Advocate: Mr R Guy; Interested Party's Advocate: Ms T Cook
Jurisdiction
England and Wales
Judgment Date
17 May 2006
Procedural Posture
Family Law Appeal / Application for Permission to Appeal With Appeal to Follow
Outcome
Application granted in part; contact order stands; parental responsibility order set aside and application adjourned with liberty to restore.
Legal Topics
Child Contact, Parental Responsibility, Residence Orders, Children Act 1989
Family Law Child Contact Parental Responsibility Residence Orders Children Act 1989

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ms S Campbell

Appellant's Advocate

Mr J Rees

First Respondent's Advocate

Mr R Guy

Second Respondent's Advocate

Ms T Cook

Interested Party's Advocate

Procedural Posture

Family Law Appeal / Application for Permission to Appeal With Appeal to Follow

Legal Issues

  1. 1 Whether the contact order made by the trial judge was plainly wrong
  2. 2 Whether the parental responsibility order was properly made and could be suspended

Ratio Decidendi

The trial judge's decision on contact was not plainly wrong given the evidence, expert advice, and the welfare of the child, but the parental responsibility order was procedurally unsatisfactory as such orders cannot be suspended; the proper course is to adjourn the application with liberty to restore.

Court Disposition

Application granted in part; contact order stands; parental responsibility order set aside and application adjourned with liberty to restore.

Orders

  • Permission to appeal against the contact order refused.
  • Permission to appeal against the parental responsibility order granted.