W v J

W v J

Permission to appeal is granted on grounds one and five due to a realistic prospect of success regarding unresolved risk assessment and whether the final order is in the best interests of the child; permission is refused on grounds two, three, and four as there is no real prospect of success and the judge's case...

Source-derived case information.

Parties
Appellant Mother: W; Respondent Father: J
Jurisdiction
England and Wales
Judgment Date
29 November 2024
Procedural Posture
Family Appeal / Permission to Appeal Hearing
Outcome
Permission to appeal granted on grounds one and five; refused on grounds two, three, and four.
Legal Topics
Child Arrangements, Domestic Abuse, Case Management, Appeal Procedure
Family Law Child Arrangements Domestic Abuse Case Management Appeal Procedure

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Parties

W

Appellant Mother

J

Respondent Father

Procedural Posture

Family Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 Whether the contact order exposes the mother and child to unmanageable risk of harm
  2. 2 Whether the judge gave excessive weight to Cafcass recommendations
  3. 3 Whether procedural fairness was compromised by preventing cross-examination and live evidence

Ratio Decidendi

Permission to appeal is granted on grounds one and five due to a realistic prospect of success regarding unresolved risk assessment and whether the final order is in the best interests of the child; permission is refused on grounds two, three, and four as there is no real prospect of success and the judge's case management decisions were within discretion.

Court Disposition

Permission to appeal granted on grounds one and five; refused on grounds two, three, and four.

Orders

  • Permission to appeal granted on grounds one and five
  • Permission to appeal refused on grounds two, three, and four