N (Children), Re [2001] EWCA Civ 1876 (19 October 2001)

N (Children), Re [2001] EWCA Civ 1876 (19 October 2001)

The application for permission to appeal was refused because the judge's decision to maintain the status quo and keep the children with the stepmother pending a full hearing was justified by the need for stability, the ongoing support plan for the emotionally disturbed child, and the lack of any serious error in the judge's approach.

Citation
[2001] EWCA Civ 1876
Parties
Applicant/mother: Miss N; Respondent/stepmother: Miss C
Jurisdiction
England and Wales
Judgment Date
19 October 2001
Procedural Posture
Family Law Child Residence Application / Application for Permission to Appeal Interim Residence Order
Outcome
Application for permission to appeal refused
Legal Topics
Child Residence, Interim Orders, Parental Responsibility, Status Quo, Welfare of the Child
Family Law Child Residence Interim Orders Parental Responsibility Status Quo Welfare of the Child

Case Brief

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Parties

Miss N

Applicant/mother

Miss C

Respondent/stepmother

Procedural Posture

Family Law Child Residence Application / Application for Permission to Appeal Interim Residence Order

Legal Issues

  1. 1 Whether the interim residence order in favour of the stepmother should be set aside in favour of the mother
  2. 2 Whether the judge gave sufficient weight to the mother's position and the children's welfare
  3. 3 Whether the status quo and past history were properly considered

Ratio Decidendi

The application for permission to appeal was refused because the judge's decision to maintain the status quo and keep the children with the stepmother pending a full hearing was justified by the need for stability, the ongoing support plan for the emotionally disturbed child, and the lack of any serious error in the judge's approach.

Court Disposition

Application for permission to appeal refused

Orders

  • Children to remain with stepmother pending full hearing
  • Welfare officer to prepare report on mother's current fitness to care for children