W (A Child), Re

W (A Child), Re

There was no justiciable issue before the court as SW was not seeking contact with DW. The judge's discretionary decision to refuse a fact-finding hearing was appropriate, with no error of law or principle. A further hearing would constitute unnecessary litigation unrelated to any live issue.

Parties
Appellant: AW; Respondent: SW
Jurisdiction
England and Wales
Judgment Date
30 October 2008
Procedural Posture
Private Law Family Proceedings / Application for Permission to Appeal (refused)
Outcome
Application for permission to appeal dismissed
Legal Topics
Contact With Children, Fact Finding Hearings, Parental Alienation, Case Management Discretion
Family Law Contact With Children Fact Finding Hearings Parental Alienation Case Management Discretion

Case Brief

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Parties

AW

Appellant

SW

Respondent

Procedural Posture

Private Law Family Proceedings / Application for Permission to Appeal (refused)

Legal Issues

  1. 1 Whether the judge erred in refusing a fact-finding hearing regarding the cause of the breakdown of contact between SW and DW
  2. 2 Whether the judge failed to consider relevant factors in exercising her discretion

Ratio Decidendi

There was no justiciable issue before the court as SW was not seeking contact with DW. The judge's discretionary decision to refuse a fact-finding hearing was appropriate, with no error of law or principle. A further hearing would constitute unnecessary litigation unrelated to any live issue.

Court Disposition

Application for permission to appeal dismissed