D (Children) [2009] EWCA Civ 957 (29 July 2009)

D (Children) [2009] EWCA Civ 957 (29 July 2009)

The judge did not make any error of law or act outside her discretion in refusing separate representation for the children, as none of the criteria in the Practice Direction were met and the CAFCASS officer would provide the necessary input regarding the children's wishes and welfare.

Citation
[2009] EWCA Civ 957
Parties
Applicant Father: Mr D.; Respondent Mother: Mother of the children
Jurisdiction
England and Wales
Judgment Date
29 July 2009
Procedural Posture
Family Law Appeal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Child Representation, Leave to Remove, Residence, Contact, Specific Issue Orders
Family Law Child Representation Leave to Remove Residence Contact Specific Issue Orders

Case Brief

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Parties

Mr D.

Applicant Father

Mother of the children

Respondent Mother

Procedural Posture

Family Law Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing separate representation for the children
  2. 2 Whether the judge exercised discretion properly in refusing separate representation

Ratio Decidendi

The judge did not make any error of law or act outside her discretion in refusing separate representation for the children, as none of the criteria in the Practice Direction were met and the CAFCASS officer would provide the necessary input regarding the children's wishes and welfare.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused
  • Copy of judgment to be provided to applicant, judge, respondent, and her advisers for the September hearing