N (Children) [2008] EWCA Civ 207 (12 February 2008)

N (Children) [2008] EWCA Civ 207 (12 February 2008)

Despite errors in the judge's recollection of the evidence and the mother's absence, the judge's decision to order shared residence was within the permissible range of reasonable decisions, as it promoted the welfare of the children by ensuring equal time with both parents and keeping siblings together.

Citation
[2008] EWCA Civ 207
Parties
Applicant Mother: Dr Ngwu; Respondent Father: Respondent Father
Jurisdiction
England and Wales
Judgment Date
12 February 2008
Procedural Posture
Family Law Appeal / Permission to Appeal and Substantive Appeal Judgment
Outcome
Permission to appeal granted; appeal dismissed.
Legal Topics
Child Residence, Shared Residence Orders, Welfare of the Child, Appeal Procedure
Family Law Child Residence Shared Residence Orders Welfare of the Child Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Ngwu

Applicant Mother

Respondent Father

Respondent Father

Procedural Posture

Family Law Appeal / Permission to Appeal and Substantive Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in ordering shared residence for the children without the mother's full participation
  2. 2 Whether the judge failed to properly consider allegations of domestic violence
  3. 3 Whether the judge's recollection of evidence was materially flawed

Ratio Decidendi

Despite errors in the judge's recollection of the evidence and the mother's absence, the judge's decision to order shared residence was within the permissible range of reasonable decisions, as it promoted the welfare of the children by ensuring equal time with both parents and keeping siblings together.

Court Disposition

Permission to appeal granted; appeal dismissed.

Orders

  • The shared residence order remains in effect as made by the lower court.