S-G (Children), Re

S-G (Children), Re

Despite deficiencies in the judgment's structure and analysis, the trial judge's findings and reliance on the Guardian ad Litem's recommendations were permissible on the evidence. The judge's conclusion to transfer the children's care to the father was justified and within her discretion.

Parties
Applicant: Applicant Mother; Respondent: Respondent Father; Respondent: Respondent Children
Jurisdiction
England and Wales
Judgment Date
13 May 2008
Procedural Posture
Appeal / Judgment on Appeal From Telford County Court, Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
Child Custody, Welfare of Children, Appeals, Role of Guardian Ad Litem, Children Act Proceedings
Family Law Child Custody Welfare of Children Appeals Role of Guardian Ad Litem Children Act Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant Mother

Applicant

Respondent Father

Respondent

Respondent Children

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Telford County Court, Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the trial judge failed to properly address the welfare checklist under the Children Act
  2. 2 Whether the judge impermissibly adopted the Guardian ad Litem's recommendation without independent analysis
  3. 3 Whether the finding of physical assault by the mother on Kristian was justified on the evidence

Ratio Decidendi

Despite deficiencies in the judgment's structure and analysis, the trial judge's findings and reliance on the Guardian ad Litem's recommendations were permissible on the evidence. The judge's conclusion to transfer the children's care to the father was justified and within her discretion.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed