A (A Child), Re [2001] EWCA Civ 561 (30 March 2001)

A (A Child), Re [2001] EWCA Civ 561 (30 March 2001)

The judge acted within his discretion in accepting the local authority's report, any factual errors were immaterial, and the 18-month moratorium was justified in the child's best interests given the exceptional circumstances.

Citation
[2001] EWCA Civ 561
Parties
Applicant Father: Mr McKinley; Respondent Mother: Mother
Jurisdiction
England and Wales
Judgment Date
30 March 2001
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Child Contact, Residence Orders, Moratorium on Applications, Judicial Discretion
Family Law Child Contact Residence Orders Moratorium on Applications Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Mr McKinley

Applicant Father

Mother

Respondent Mother

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in accepting the local authority's report and not ordering further investigation
  2. 2 Whether factual errors in the judgment affected the outcome
  3. 3 Whether the imposition of an 18-month moratorium on further applications was justified

Ratio Decidendi

The judge acted within his discretion in accepting the local authority's report, any factual errors were immaterial, and the 18-month moratorium was justified in the child's best interests given the exceptional circumstances.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal is dismissed.