M (Children)

M (Children)

Permission to appeal is granted because there are serious grounds for anxiety that an injustice may have occurred, given fresh evidence undermining key admissions, the jury's not guilty verdict in the criminal trial, and concerns about the judge's assessment of the mother's mental health and its impact on the residence order.

Parties
Applicant: Applicant father; Respondent: Respondent mother; Local Authority: South Gloucestershire Council
Jurisdiction
England and Wales
Judgment Date
21 August 2009
Procedural Posture
Appeal / Application for Permission to Appeal (renewed) From Findings of Fact, Refusal to Reopen Findings, and Residence Order in Care Proceedings
Outcome
Permission to appeal granted
Legal Topics
Findings of Fact, Reopening Findings, Residence Order, Care Proceedings, Fresh Evidence, Appeal Procedure
Family Law Child Law Findings of Fact Reopening Findings Residence Order Care Proceedings Fresh Evidence Appeal Procedure

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Parties

Applicant father

Applicant

Respondent mother

Respondent

South Gloucestershire Council

Local Authority

Procedural Posture

Appeal / Application for Permission to Appeal (renewed) From Findings of Fact, Refusal to Reopen Findings, and Residence Order in Care Proceedings

Legal Issues

  1. 1 Whether permission to appeal should be granted against findings of fact made by the trial judge
  2. 2 Whether fresh evidence justifies reopening findings of fact
  3. 3 Whether the judge erred in his assessment of the mother's mental health and its impact on residence order

Ratio Decidendi

Permission to appeal is granted because there are serious grounds for anxiety that an injustice may have occurred, given fresh evidence undermining key admissions, the jury's not guilty verdict in the criminal trial, and concerns about the judge's assessment of the mother's mental health and its impact on the residence order.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted in relation to all orders under challenge, including findings of fact, refusals to reopen findings, and the residence order.