A (A Child)

A (A Child)

The appeal was dismissed because the Recorder correctly applied the law and exercised his discretion in granting a joint residence order and parental responsibility to Mr A, a non-biological parent, as it was in the best interests of the child H. The Recorder gave due consideration to the welfare checklist, the roles of both the biological and psychological parents, and the expert evidence. The Recorder did not err in linking the mother's relocation with the need to protect Mr A's role, nor did he undermine the mother's position as biological parent. The only error was the imposition of a s.91(14) order without hearing the parties, which was set aside.

Parties
Appellant/mother: Miss A; Respondent/father Figure: Mr A
Jurisdiction
England and Wales
Judgment Date
30 July 2008
Procedural Posture
Civil Appeal (family Law) / Appeal From Final Order of District Judge
Outcome
Appeal dismissed save for deletion of s.91(14) order
Legal Topics
Parental Responsibility, Residence Orders, Contact Orders, Relocation of Child, Non Biological Parent Rights
Family Law Parental Responsibility Residence Orders Contact Orders Relocation of Child Non Biological Parent Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Miss A

Appellant/mother

Mr A

Respondent/father Figure

Procedural Posture

Civil Appeal (family Law) / Appeal From Final Order of District Judge

Legal Issues

  1. 1 Whether a joint residence order and parental responsibility should be granted to a non-biological parent
  2. 2 Whether the mother's relocation with the child should be permitted
  3. 3 Whether the Recorder erred in law or principle in granting joint residence and parental responsibility to Mr A

Ratio Decidendi

The appeal was dismissed because the Recorder correctly applied the law and exercised his discretion in granting a joint residence order and parental responsibility to Mr A, a non-biological parent, as it was in the best interests of the child H. The Recorder gave due consideration to the welfare checklist, the roles of both the biological and psychological parents, and the expert evidence. The Recorder did not err in linking the mother's relocation with the need to protect Mr A's role, nor did he undermine the mother's position as biological parent. The only error was the imposition of a s.91(14) order without hearing the parties, which was set aside.

Court Disposition

Appeal dismissed save for deletion of s.91(14) order

Orders

  • Joint residence order and parental responsibility for Mr A affirmed
  • Mother permitted to relocate with H to the South Coast