K-P (Children: Child Arrangements Order Appeal No 1), Re

K-P (Children: Child Arrangements Order Appeal No 1), Re

The trial judge's failure to explicitly weigh the mother's alternative plans and to conduct a balance-of-harm analysis rendered the decision unsafe and wrong in law, necessitating the setting aside of the order and a rehearing before a different judge.

Parties
Appellant: A; First Respondent: B; Second Respondent: The Child (Through her NYAS Caseworker)
Jurisdiction
England and Wales
Judgment Date
07 January 2025
Procedural Posture
Appeal Child Arrangements Order / Appeal Judgment
Outcome
Appeal allowed; order set aside; matter remitted for rehearing before another judge.
Legal Topics
Child Arrangements, Appeal, Welfare Checklist, Balance of Harm
Family Law Child Arrangements Appeal Welfare Checklist Balance of Harm

Case Brief

Summary, issues, holding and outcome

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Parties

A

Appellant

B

First Respondent

The Child (Through her NYAS Caseworker)

Second Respondent

Procedural Posture

Appeal Child Arrangements Order / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge failed to properly consider the mother's alternative plans for the child's schooling and care
  2. 2 Whether the trial judge failed to conduct a balance-of-harm analysis before ordering a transfer of residence

Ratio Decidendi

The trial judge's failure to explicitly weigh the mother's alternative plans and to conduct a balance-of-harm analysis rendered the decision unsafe and wrong in law, necessitating the setting aside of the order and a rehearing before a different judge.

Court Disposition

Appeal allowed; order set aside; matter remitted for rehearing before another judge.

Orders

  • Permission to appeal granted.
  • Order of 2 August 2024 set aside.