K-P (Children: Child Arrangements Order Appeal No 1), Re [2024] EWHC 3630 (Fam) (16 October 2024)

K-P (Children: Child Arrangements Order Appeal No 1), Re [2024] EWHC 3630 (Fam) (16 October 2024)

The trial judge erred by failing to include the mother's alternative plans in the welfare balancing exercise and by not conducting a balance-of-harm analysis, rendering the decision unsafe and necessitating a rehearing.

Citation
[2024] EWHC 3630 (Fam)
Parties
Appellant: A; First Respondent: B; Second Respondent: The Child (Through her NYAS Caseworker)
Jurisdiction
England and Wales
Judgment Date
16 October 2024
Procedural Posture
Appeal (family Law Child Arrangements) / Judgment on Permission and Substantive Appeal
Outcome
Appeal allowed; order of 2 August 2024 set aside; matter remitted for rehearing before a different judge.
Legal Topics
Child Arrangements Order, Appeal, Welfare Checklist, Balance of Harm, Transfer of Residence
Family Law Child Arrangements Order Appeal Welfare Checklist Balance of Harm Transfer of Residence

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 (family Law Child Arrangements) / Judgment on Permission and Substantive Appeal

Legal Issues

  1. 1 Whether the trial judge failed to properly consider alternative plans for the child's schooling and residence
  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 erred by failing to include the mother's alternative plans in the welfare balancing exercise and by not conducting a balance-of-harm analysis, rendering the decision unsafe and necessitating a rehearing.

Court Disposition

Appeal allowed; order of 2 August 2024 set aside; matter remitted for rehearing before a different judge.

Orders

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