M (Children), Re [2001] EWCA Civ 1341 (9 July 2001)

M (Children), Re [2001] EWCA Civ 1341 (9 July 2001)

The trial judge was entitled to reject the father's application for variation of the residence order and for shared residence, having made clear findings as to the father's manipulative conduct and lack of insight, and having prioritised the welfare of the children over their stated wishes. The judge was also entitled to make harassment/contact orders and continue the section 91(14) order, as the parties had opportunity to make submissions and no procedural unfairness occurred.

Citation
[2001] EWCA Civ 1341
Parties
Applicant Father: Mr M; Respondent Mother: Mother of the children
Jurisdiction
England and Wales
Judgment Date
09 July 2001
Procedural Posture
Family Law Appeal / Application for Permission to Appeal From High Court Judgment
Outcome
Application for permission to appeal dismissed
Legal Topics
Residence Orders, Shared Residence, Section 91(14) Children Act 1989, Harassment Orders, Costs Orders
Family Law Residence Orders Shared Residence Section 91(14) Children Act 1989 Harassment Orders Costs Orders

Case Brief

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Parties

Mr M

Applicant Father

Mother of the children

Respondent Mother

Procedural Posture

Family Law Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in refusing to vary the residence order in favour of the father
  2. 2 Whether the judge erred in refusing to make a shared or joint residence order
  3. 3 Whether the judge erred in making harassment and contact orders of his own motion

Ratio Decidendi

The trial judge was entitled to reject the father's application for variation of the residence order and for shared residence, having made clear findings as to the father's manipulative conduct and lack of insight, and having prioritised the welfare of the children over their stated wishes. The judge was also entitled to make harassment/contact orders and continue the section 91(14) order, as the parties had opportunity to make submissions and no procedural unfairness occurred.

Court Disposition

Application for permission to appeal dismissed

Orders

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