F v M

F v M

Permission to appeal was granted solely on the ground that the judge misstated the test for disagreeing with an expert witness, but the error was not material to the outcome. The judge's welfare analysis and findings were thorough, balanced, and within her discretion. The appeal was dismissed.

Parties
Appellant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
06 September 2022
Procedural Posture
Family / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Child Relocation, Parental Responsibility, Welfare of the Child, Appeals, Expert Evidence
Family Law Child Relocation Parental Responsibility Welfare of the Child Appeals Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

F

Appellant

M

Respondent

Procedural Posture

Family / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in relying on the independent social worker's recommendation given alleged bias and flawed assessment
  2. 2 Whether the welfare analysis was properly conducted
  3. 3 Whether the impact of relocation on both parents and children was adequately weighed

Ratio Decidendi

Permission to appeal was granted solely on the ground that the judge misstated the test for disagreeing with an expert witness, but the error was not material to the outcome. The judge's welfare analysis and findings were thorough, balanced, and within her discretion. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal granted on Ground 1 only
  • Appeal dismissed