G (A Child)

G (A Child)

The judge failed to take into account several significant matters, including E's future wishes and feelings, the value of sibling relationships over time, the impact of social media, and the consequences of failed contact arrangements, rendering the judicial analysis unsafe and requiring the issue of contact to be reheard by a different judge.

Parties
Appellant Mother: JG; Appellant Father: KE; Appellant Sibling: L; Children (siblings): A and C; Respondent Local Authority: County Council; Subject Child: E
Jurisdiction
England and Wales
Judgment Date
15 August 2014
Procedural Posture
Family Law Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; issue of contact to be reheard by a different judge.
Legal Topics
Contact Orders, Care Orders, Adoption, Foster Care, Child's Best Interests
Family Law Child Welfare Contact Orders Care Orders Adoption Foster Care Child's Best Interests

Case Brief

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Parties

JG

Appellant Mother

KE

Appellant Father

L

Appellant Sibling

A and C

Children (siblings)

County Council

Respondent Local Authority

E

Subject Child

Procedural Posture

Family Law Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in prioritising contact between E and her younger siblings A and C over contact with her birth family
  2. 2 Whether the judge failed to adequately consider E's future wishes and feelings regarding contact
  3. 3 Whether the judge failed to evaluate the impact of social media on contact arrangements

Ratio Decidendi

The judge failed to take into account several significant matters, including E's future wishes and feelings, the value of sibling relationships over time, the impact of social media, and the consequences of failed contact arrangements, rendering the judicial analysis unsafe and requiring the issue of contact to be reheard by a different judge.

Court Disposition

Appeal allowed; issue of contact to be reheard by a different judge.

Orders

  • Setting aside s 34(4) orders made in November 2013 except for the mother's May 2012 s 34(4) order, which remains in place.
  • Dismissal of applications to discharge the care order.