B & R (Children), Re

B & R (Children), Re

The judge was entitled to find that there was no substantial change of circumstances sufficient to trigger the exercise of discretion to revoke the placement order. Even if there had been such a change, the judge correctly exercised his discretion, taking into account all relevant factors, including the child's welfare, the father's faith, and the passage of time. There was no error of law or unreasonable exercise of discretion.

Parties
Applicant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
01 May 2009
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Care Orders, Placement Orders, Adoption, Revocation of Placement Orders, Change of Circumstances, Discretion of the Court
Family Law Child Law Care Orders Placement Orders Adoption Revocation of Placement Orders Change of Circumstances Discretion of the Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing permission to revoke the placement order for the child I
  2. 2 Whether there was a sufficient change of circumstances to justify revocation of the placement order
  3. 3 Whether the judge exercised his discretion correctly

Ratio Decidendi

The judge was entitled to find that there was no substantial change of circumstances sufficient to trigger the exercise of discretion to revoke the placement order. Even if there had been such a change, the judge correctly exercised his discretion, taking into account all relevant factors, including the child's welfare, the father's faith, and the passage of time. There was no error of law or unreasonable exercise of discretion.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused
  • Judgment to be transcribed and made available to the applicant at public expense