D (A Child)

D (A Child)

The application for permission to appeal is refused because the order challenged is over a year old, was made in the exercise of judicial discretion based on findings of fact not available to the appellate court, and delay in challenging the order is prejudicial to the child's welfare. The proper course is to apply to the county court for a fresh order if circumstances have changed.

Parties
Applicant Father: Mr D; Respondent Mother: Mother (name not provided)
Jurisdiction
England and Wales
Judgment Date
30 September 2008
Procedural Posture
Family Law Child Residence and Contact / Application for Permission to Appeal (post Judgment)
Outcome
Application for permission to appeal refused
Legal Topics
Child Residence, Contact Orders, Appeal Procedure, Judicial Discretion
Family Law Child Residence Contact Orders Appeal Procedure Judicial Discretion

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Parties

Mr D

Applicant Father

Mother (name not provided)

Respondent Mother

Procedural Posture

Family Law Child Residence and Contact / Application for Permission to Appeal (post Judgment)

Legal Issues

  1. 1 Whether permission to appeal should be granted against the order altering shared residence and limiting contact
  2. 2 Whether the lower court's exercise of discretion was flawed

Ratio Decidendi

The application for permission to appeal is refused because the order challenged is over a year old, was made in the exercise of judicial discretion based on findings of fact not available to the appellate court, and delay in challenging the order is prejudicial to the child's welfare. The proper course is to apply to the county court for a fresh order if circumstances have changed.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused
  • Applicant may apply to the county court for a fresh order or for a different tribunal