N (Children)

N (Children)

Despite errors in recollection and the mother's absence, the judge's decision to order shared residence was within the permissible ambit of judicial discretion and was not plainly wrong given the evidence and the welfare of the children.

Parties
Applicant Mother: Dr Ngwu; Respondent Father: Dr Ngwu (Father)
Jurisdiction
England and Wales
Judgment Date
12 February 2008
Procedural Posture
Family Law Children / Application for Permission to Appeal and Substantive Appeal
Outcome
Application for permission to appeal granted; appeal dismissed
Legal Topics
Child Residence, Shared Residence Orders, Appeals Procedure, Domestic Violence Allegations
Family Law Child Residence Shared Residence Orders Appeals Procedure Domestic Violence Allegations

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Parties

Dr Ngwu

Applicant Mother

Dr Ngwu (Father)

Respondent Father

Procedural Posture

Family Law Children / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the judge erred in making a shared residence order in the mother's absence
  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 recollection and the mother's absence, the judge's decision to order shared residence was within the permissible ambit of judicial discretion and was not plainly wrong given the evidence and the welfare of the children.

Court Disposition

Application for permission to appeal granted; appeal dismissed

Orders

  • Shared residence order for the two children to reside with each parent for equal periods stands
  • No further orders made