F (Children)

F (Children)

The judge at first instance was entitled to prefer the mother's case as primary carer, given the evidence and high conflict between the parties. The contact order, though not precisely matching the CAFCASS officer's recommendation, was within the judge's discretion. The costs order was proportionate and justified by the father's failure to respond to a reasonable settlement offer. No procedural irregularity or error of law rendered the decision appealable.

Parties
Appellant: Dr F; Respondent: Mrs F
Jurisdiction
England and Wales
Judgment Date
14 January 2013
Procedural Posture
Family Law Children / Application for Permission to Appeal From Residence and Contact Order
Outcome
Application for permission to appeal refused
Legal Topics
Residence Orders, Contact Orders, Costs in Family Proceedings, Appeals Procedure
Family Law Residence Orders Contact Orders Costs in Family Proceedings Appeals Procedure

Case Brief

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Parties

Dr F

Appellant

Mrs F

Respondent

Procedural Posture

Family Law Children / Application for Permission to Appeal From Residence and Contact Order

Legal Issues

  1. 1 Whether the trial judge erred in awarding sole residence to the mother
  2. 2 Whether the contact order was justified on the evidence
  3. 3 Whether the costs order against the father was proper

Ratio Decidendi

The judge at first instance was entitled to prefer the mother's case as primary carer, given the evidence and high conflict between the parties. The contact order, though not precisely matching the CAFCASS officer's recommendation, was within the judge's discretion. The costs order was proportionate and justified by the father's failure to respond to a reasonable settlement offer. No procedural irregularity or error of law rendered the decision appealable.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • No variation of residence or contact order