MH (A Child), Re

MH (A Child), Re

The judge at first instance was not wrong in making the substantive orders regarding contact and holiday arrangements, but erred in recording the mother's agreement to the child 'living with' the father. The appeal is allowed only to the extent of correcting the recital to reflect the lack of agreement on this point; otherwise, permission to appeal is refused.

Parties
Appellant Mother: AS; Respondent Father: PH
Jurisdiction
England and Wales
Judgment Date
13 March 2017
Procedural Posture
Children Act Proceedings (appeal) / Application for Permission to Appeal and Appeal Determination
Outcome
Permission to appeal granted and appeal allowed only on the point of correcting the recital regarding agreement to 'live with'; otherwise, permission to appeal refused.
Legal Topics
Child Arrangements Order, Parental Responsibility, Holiday Contact, Appeals Procedure
Family Law Child Arrangements Order Parental Responsibility Holiday Contact Appeals Procedure

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Parties

AS

Appellant Mother

PH

Respondent Father

Procedural Posture

Children Act Proceedings (appeal) / Application for Permission to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether the judge erred in recording the mother's agreement to the child 'living with' the father in the order
  2. 2 Whether the holiday contact arrangements were wrongly decided or unfair
  3. 3 Whether the fixing of holiday dates was too rigid

Ratio Decidendi

The judge at first instance was not wrong in making the substantive orders regarding contact and holiday arrangements, but erred in recording the mother's agreement to the child 'living with' the father. The appeal is allowed only to the extent of correcting the recital to reflect the lack of agreement on this point; otherwise, permission to appeal is refused.

Court Disposition

Permission to appeal granted and appeal allowed only on the point of correcting the recital regarding agreement to 'live with'; otherwise, permission to appeal refused.

Orders

  • Recital in para.2A of the order to be amended to reflect that the parties are not agreed as to whether the order should state the child 'will live with her mother and with her father.'
  • Transcript of the judgment to be provided at public expense.