D (A Child) [2008] EWCA Civ 1098 (30 September 2008)

D (A Child) [2008] EWCA Civ 1098 (30 September 2008)

The application for permission to appeal was refused because the order under challenge was over a year old, was made in the exercise of judicial discretion based on findings of fact not available to the appellate court, and the proper remedy was to apply to the county court for a fresh order rather than appeal out...

Source-derived case information.

Citation
[2008] EWCA Civ 1098
Parties
Applicant Father: Mr D; Respondent Mother: Mrs D
Jurisdiction
England and Wales
Judgment Date
30 September 2008
Procedural Posture
Family Law Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Child Residence, Contact Orders, Appeals, Judicial Discretion
Family Law Child Residence Contact Orders Appeals Judicial Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr D

Applicant Father

Mrs D

Respondent Mother

Procedural Posture

Family Law Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted against the order altering shared residence and limiting contact
  2. 2 Whether the lower court's exercise of discretion was flawed

Ratio Decidendi

The application for permission to appeal was refused because the order under challenge was over a year old, was made in the exercise of judicial discretion based on findings of fact not available to the appellate court, and the proper remedy was to apply to the county court for a fresh order rather than appeal out of time.

Court Disposition

application for permission to appeal refused

Orders

  • Application refused