AV v RM

AV v RM

Permission to appeal is granted because there is a real prospect of success, applying the test from Tanfern Limited v Cameron MacDonald, and the appeal is not fanciful.

Parties
Applicant: AV; Respondent: RM
Jurisdiction
England and Wales
Judgment Date
21 March 2012
Procedural Posture
Family / Application for Permission to Appeal
Outcome
Permission to appeal granted.
Legal Topics
Child Residence, Appeals, Permission to Appeal
Family Law Child Residence Appeals Permission to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

AV

Applicant

RM

Respondent

Procedural Posture

Family / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted against a shared residence order changing primary residence of children
  2. 2 Whether the District Judge's findings and procedure were unfair or contrary to CAFCASS recommendations

Ratio Decidendi

Permission to appeal is granted because there is a real prospect of success, applying the test from Tanfern Limited v Cameron MacDonald, and the appeal is not fanciful.

Court Disposition

Permission to appeal granted.

Orders

  • Permission to appeal is granted.
  • Adjournment to schedule appeal hearing.