DP v PC

The judge's summary dismissal of the father's application for contact was wrong because he failed to properly consider the welfare of the children, expert reports, and statutory presumptions; the appeal is allowed and the matter remitted for further consideration.

Parties: Appellant: DP; Respondent: PC
Jurisdiction: England and Wales
Judgment Date: 01 September 2017
Procedural Posture: Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Child Contact, Welfare of Children, Children Act 1989, Parental Involvement, Appeal Procedure

Family Law Child Contact Welfare of Children Children Act 1989 Parental Involvement Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

1 Whether the judge failed to properly consider expert reports and recommendations for direct contact
2 Whether the judge erred by focusing solely on change in circumstances rather than a full welfare analysis
3 Whether the judge failed to consider the welfare checklist and statutory presumption of parental involvement

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Matter remitted to His Honour Judge Wildblood QC for further case management and hearings