H (A Child) [2010] EWCA Civ 1363 (19 October 2010)

H (A Child) [2010] EWCA Civ 1363 (19 October 2010)

The judge at first instance considered all relevant factors, including the child's disability and treatment needs, and exercised her discretion within the permissible range. There was no error of law or principle, nor any failure to consider material evidence, and therefore no arguable ground for appeal with a real prospect of success.

Citation
[2010] EWCA Civ 1363
Parties
Applicant Mother: Ms Sharon Love; Respondent Father: (Name not provided)
Jurisdiction
England and Wales
Judgment Date
19 October 2010
Procedural Posture
Family Law Child Arrangements / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Child Arrangements, Shared Residence, Contact Orders, Disability and Welfare of Child, Appeals Procedure
Family Law Child Arrangements Shared Residence Contact Orders Disability and Welfare of Child Appeals Procedure

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Parties

Ms Sharon Love

Applicant Mother

(Name not provided)

Respondent Father

Procedural Posture

Family Law Child Arrangements / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the contact and shared residence order made by HHJ Penna failed to properly consider the child's disability and welfare in relation to travel and treatment routines
  2. 2 Whether the judge erred in exercising discretion regarding the child's best interests

Ratio Decidendi

The judge at first instance considered all relevant factors, including the child's disability and treatment needs, and exercised her discretion within the permissible range. There was no error of law or principle, nor any failure to consider material evidence, and therefore no arguable ground for appeal with a real prospect of success.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused