G (A Child) [2018] EWCA Civ 305 (28 February 2018)

G (A Child) [2018] EWCA Civ 305 (28 February 2018)

The judge was entitled to make an order allowing the applicant's parents to have contact with the child under s.10(1)(b) of the Children Act 1989, even though they were not parties to the proceedings, as long as the welfare of the child was the paramount consideration. Although the judge's reasoning was brief, the judgment as a whole showed sufficient consideration of the relevant factors and did not amount to a serious procedural error.

Citation
[2018] EWCA Civ 305
Parties
Applicant: Brian; 1st Respondent: Jane; 2nd Respondent: Carol
Jurisdiction
England and Wales
Judgment Date
28 February 2018
Procedural Posture
Appeal / Judgment on Appeal From Child Arrangements Order
Outcome
Appeal dismissed
Legal Topics
Child Arrangements Order, Contact With Biological Donor and Donor's Parents, Children Act 1989 S.10, Welfare of the Child
Family Law Child Arrangements Order Contact With Biological Donor and Donor's Parents Children Act 1989 S.10 Welfare of the Child

Case Brief

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Parties

Brian

Applicant

Jane

1st Respondent

Carol

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal From Child Arrangements Order

Legal Issues

  1. 1 Whether the court erred in making an order for contact between the child and the applicant's parents who were not parties to the proceedings
  2. 2 Whether the judge failed to carry out sufficient welfare analysis before making the order

Ratio Decidendi

The judge was entitled to make an order allowing the applicant's parents to have contact with the child under s.10(1)(b) of the Children Act 1989, even though they were not parties to the proceedings, as long as the welfare of the child was the paramount consideration. Although the judge's reasoning was brief, the judgment as a whole showed sufficient consideration of the relevant factors and did not amount to a serious procedural error.

Court Disposition

Appeal dismissed

Orders

  • Child arrangements order upheld allowing the applicant's parents to attend contact with the child on two occasions per year if the applicant so wishes.