O (Children)

O (Children)

The applicant is granted permission to issue an application for a residence or shared residence order in the Southampton County Court, Judge Milligan must recuse himself from further involvement, and future proceedings are to be listed before another judge.

Source-derived case information.

Parties
Appellant: Appellant (Name not provided); Respondent: Respondent (Name not provided); Advocate to the Court: Mr Robin Spon-Smith
Jurisdiction
England and Wales
Judgment Date
28 April 2005
Procedural Posture
Civil Appeal / Appeal From County Court Order
Outcome
application for permission to issue granted; judge recused; future proceedings to be listed before another judge
Legal Topics
Mc Kenzie Friend, Section 91(14) Children Act, Recusal of Judge, Residence Order, Shared Residence Order
Family Law Mc Kenzie Friend Section 91(14) Children Act Recusal of Judge Residence Order Shared Residence Order

Source-derived case record

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

Appellant (Name not provided)

Appellant

Respondent (Name not provided)

Respondent

Mr Robin Spon-Smith

Advocate to the Court

Procedural Posture

Civil Appeal / Appeal From County Court Order

Legal Issues

  1. 1 Proper approach to applications for assistance of a McKenzie Friend
  2. 2 Whether Judge Milligan should recuse himself
  3. 3 Whether permission should be granted to issue an application for residence or shared residence order under section 91(14)

Ratio Decidendi

The applicant is granted permission to issue an application for a residence or shared residence order in the Southampton County Court, Judge Milligan must recuse himself from further involvement, and future proceedings are to be listed before another judge.

Court Disposition

application for permission to issue granted; judge recused; future proceedings to be listed before another judge

Orders

  • Applicant granted permission to issue application for residence or shared residence order in Southampton County Court
  • Future proceedings not to be listed before Judge Milligan