M (A Child) [2005] EWCA Civ 1696 (6 December 2005)

M (A Child) [2005] EWCA Civ 1696 (6 December 2005)

The judge was not shown to be biased; the refusal to order a further CAFCASS report was within his discretion; the section 91(14) order was justified but should have been limited in time to three years to ensure proportionality.

Citation
[2005] EWCA Civ 1696
Parties
Applicant Mother: MM; Respondent Father: KM
Jurisdiction
England and Wales
Judgment Date
06 December 2005
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal From County Court Orders
Outcome
Permission to appeal refused on residence order; permission granted and appeal allowed in part on section 91(14) order to impose a three-year time limit from 6 December 2005.
Legal Topics
Residence Orders, Contact Orders, Section 91(14) Children Act 1989, Judicial Bias, CAFCASS Reports, Appeals Procedure
Family Law Child Law Residence Orders Contact Orders Section 91(14) Children Act 1989 Judicial Bias CAFCASS Reports Appeals Procedure

Case Brief

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Parties

MM

Applicant Mother

KM

Respondent Father

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal From County Court Orders

Legal Issues

  1. 1 Whether the judge was biased against the applicant mother and should have recused himself
  2. 2 Whether the refusal to order a further CAFCASS report was a proper exercise of discretion
  3. 3 Whether the section 91(14) order was appropriate and proportionate

Ratio Decidendi

The judge was not shown to be biased; the refusal to order a further CAFCASS report was within his discretion; the section 91(14) order was justified but should have been limited in time to three years to ensure proportionality.

Court Disposition

Permission to appeal refused on residence order; permission granted and appeal allowed in part on section 91(14) order to impose a three-year time limit from 6 December 2005.

Orders

  • Residence order in favour of father stands.
  • Section 91(14) order against mother limited to three years from 6 December 2005.