AJM v County Council

AJM v County Council

The judge properly dealt with the application before him, which was for permission to apply for a contact order, not a residence order. There was no basis for the judge to make a residence order of his own motion on the facts and evidence before him. The applicant's appeal has no reasonable prospect of success.

Parties
Applicant: AJM; Respondent: County Council
Jurisdiction
England and Wales
Judgment Date
22 May 2007
Procedural Posture
Family Law Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Care Orders, Residence Orders, Contact Orders, Children's Wishes, Appeal Procedure
Family Law Care Orders Residence Orders Contact Orders Children's Wishes Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

AJM

Applicant

County Council

Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in failing to make a residence order of his own motion under section 10(1)(b) of the Children Act 1989
  2. 2 Whether the applicant has an arguable appeal against the refusal of permission to apply for a contact order

Ratio Decidendi

The judge properly dealt with the application before him, which was for permission to apply for a contact order, not a residence order. There was no basis for the judge to make a residence order of his own motion on the facts and evidence before him. The applicant's appeal has no reasonable prospect of success.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal is dismissed