R (children), Re [2003] EWCA Civ 201 (4 February 2003)

R (children), Re [2003] EWCA Civ 201 (4 February 2003)

The trial judge exercised her discretion properly, made clear findings on the parties' personalities and the children's best interests, and there was no error of law or fact justifying appellate intervention.

Citation
[2003] EWCA Civ 201
Parties
Applicant Father: Mr R; Respondent Mother: DS
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Family Law Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Residence Orders, Contact Orders, Shared Residence, Appeals, Discretion of Trial Judge
Family Law Residence Orders Contact Orders Shared Residence Appeals Discretion of Trial Judge

Case Brief

Summary, issues, holding and outcome

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Parties

Mr R

Applicant Father

DS

Respondent Mother

Procedural Posture

Family Law Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing a shared residence order and defining contact arrangements
  2. 2 Whether the trial judge misdirected herself or made erroneous findings of fact

Ratio Decidendi

The trial judge exercised her discretion properly, made clear findings on the parties' personalities and the children's best interests, and there was no error of law or fact justifying appellate intervention.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Transcript of judgment to be provided to the applicant at public expense