PM v MB & Anor
The appeal was dismissed because the trial judge correctly applied the law, made justified findings that the father would misuse parental responsibility to the detriment of the child's welfare, and that a section 91(14) order was proportionate and necessary to protect the child from further litigation-related harm.
- Parties
- Appellant Father: PM; First Respondent Mother: MB; Second Respondent Child: M (A Child)
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2013
- Procedural Posture
- Appeal (family Law Parental Responsibility and Contact) / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Parental Responsibility, Contact Orders, Section 91(14) Orders, Welfare of the Child
Case Brief
Summary, issues, holding and outcome
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Parties
PM
Appellant Father
MB
First Respondent Mother
M (A Child)
Second Respondent Child
Procedural Posture
Appeal (family Law Parental Responsibility and Contact) / Appeal Judgment
Legal Issues
- 1 Whether the trial judge erred in refusing the father parental responsibility for the child
- 2 Whether the trial judge erred in making a section 91(14) order barring further applications by the father for two years
Ratio Decidendi
The appeal was dismissed because the trial judge correctly applied the law, made justified findings that the father would misuse parental responsibility to the detriment of the child's welfare, and that a section 91(14) order was proportionate and necessary to protect the child from further litigation-related harm.
Court Disposition
Appeal dismissed
Orders
- Refusal of parental responsibility to the father affirmed
- Section 91(14) order barring further applications by the father for two years affirmed
Full Case Text
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