S (A Child)

S (A Child)

The judge below exercised his discretion appropriately, had sufficient material and knowledge to decide the residence application, and properly considered all relevant factors including the child's wishes, expert evidence, and the guardian's position. No procedural unfairness or error was established to warrant...

Source-derived case information.

Parties
Applicant: Applicant mother; Respondent: First Respondent, father; Respondent: Second Respondent, child by Guardian ad Litem
Jurisdiction
England and Wales
Judgment Date
21 January 2010
Procedural Posture
Appeal / Application for Permission to Appeal From High Court Family Division Judgment
Outcome
Applications for permission to appeal refused.
Legal Topics
Child Residence, Contact Orders, Case Management, Appeals
Family Law Child Residence Contact Orders Case Management Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Applicant mother

Applicant

First Respondent, father

Respondent

Second Respondent, child by Guardian ad Litem

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal From High Court Family Division Judgment

Legal Issues

  1. 1 Whether the judge erred in granting a residence order to the father
  2. 2 Whether the procedure adopted denied a fair trial to the mother and child
  3. 3 Whether the judge failed to properly consider the child's wishes and feelings

Ratio Decidendi

The judge below exercised his discretion appropriately, had sufficient material and knowledge to decide the residence application, and properly considered all relevant factors including the child's wishes, expert evidence, and the guardian's position. No procedural unfairness or error was established to warrant appellate intervention.

Court Disposition

Applications for permission to appeal refused.

Orders

  • Permission to appeal refused for both applicants.
  • Residence order in favour of the father stands.