PM v MB & Anor

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

  1. 1 Whether the trial judge erred in refusing the father parental responsibility for the child
  2. 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