B (A Child), Re [2002] EWCA Civ 1508 (11 October 2002)

B (A Child), Re [2002] EWCA Civ 1508 (11 October 2002)

The application for extension of time and permission to appeal was refused because the applicant failed to demonstrate that the absence of further expert evidence or explicit reference to the Memorandum Interview amounted to an error justifying appeal, and there was insufficient explanation for the delay. The trial judge's findings were supported by the evidence, including the section 7 report, and the court must respect finality in children's cases.

Citation
[2002] EWCA Civ 1508
Parties
Applicant/father: Mr Barry; Respondent/mother: Mother (name not provided)
Jurisdiction
England and Wales
Judgment Date
11 October 2002
Procedural Posture
Family Law Appeal / Application for Extension of Time and Permission to Appeal
Outcome
Application for extension of time and permission to appeal refused
Legal Topics
Residence Orders, Contact Orders, Allegations of Sexual Abuse, Expert Evidence, Appeal Procedure, Extension of Time
Family Law Child Law Residence Orders Contact Orders Allegations of Sexual Abuse Expert Evidence Appeal Procedure Extension of Time

Case Brief

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Parties

Mr Barry

Applicant/father

Mother (name not provided)

Respondent/mother

Procedural Posture

Family Law Appeal / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred by not having expert evidence on the veracity of the child's allegations of sexual abuse against the mother
  2. 2 Whether the judge overlooked or was unaware of the Memorandum Interview conducted by police and social services
  3. 3 Whether there was justification for extending time to appeal

Ratio Decidendi

The application for extension of time and permission to appeal was refused because the applicant failed to demonstrate that the absence of further expert evidence or explicit reference to the Memorandum Interview amounted to an error justifying appeal, and there was insufficient explanation for the delay. The trial judge's findings were supported by the evidence, including the section 7 report, and the court must respect finality in children's cases.

Court Disposition

Application for extension of time and permission to appeal refused

Orders

  • Applications refused