H (a child), Re [2000] EWCA Civ 3011 (31 July 2000)

H (a child), Re [2000] EWCA Civ 3011 (31 July 2000)

The judge was entitled to conclude, based on credibility, responsibility, and parenting capacity, that the child's welfare was best served by remaining with the grandmother. The presumption in favour of the natural parent is not absolute and must yield to the welfare test. Allegations of abuse must be adjudicated or withdrawn, but the error did not affect the outcome given the findings on welfare.

Citation
[2000] EWCA Civ 3011
Parties
Applicant: De; Respondent: Da; Interested Party: G H; Subject Child: A; Interested Party: B R
Jurisdiction
England and Wales
Judgment Date
31 July 2000
Procedural Posture
Appeal / Judgment After Permission to Appeal
Outcome
appeal dismissed with variation of contact order
Legal Topics
Residence Order, Variation of Residence Order, Child Welfare, Contact Arrangements, Allegations of Abuse
Family Law Residence Order Variation of Residence Order Child Welfare Contact Arrangements Allegations of Abuse

Case Brief

Summary, issues, holding and outcome

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Parties

De

Applicant

Da

Respondent

G H

Interested Party

A

Subject Child

B R

Interested Party

Procedural Posture

Appeal / Judgment After Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing to adjudicate on allegations of historic abuse
  2. 2 Whether the presumption in favour of the natural parent was properly applied
  3. 3 Whether a change in circumstances was required for variation of residence order

Ratio Decidendi

The judge was entitled to conclude, based on credibility, responsibility, and parenting capacity, that the child's welfare was best served by remaining with the grandmother. The presumption in favour of the natural parent is not absolute and must yield to the welfare test. Allegations of abuse must be adjudicated or withdrawn, but the error did not affect the outcome given the findings on welfare.

Court Disposition

appeal dismissed with variation of contact order

Orders

  • Appeal dismissed
  • Paragraphs 4(1) and (2) of judge's order set aside