H (A Child), Re

H (A Child), Re

The appeal was allowed because significant new information about the child's wishes and emotional state became available after the interim order, making it impractical and potentially harmful to enforce the return to the mother. The child's age, strength of feeling, and risk of harm if forced to return justified overturning the order.

Parties
Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
30 March 2011
Procedural Posture
Family Law Child Residence / Appeal Against Interim Residence Order
Outcome
Appeal allowed
Legal Topics
Interim Residence Orders, Child's Wishes and Feelings, Appeals in Family Proceedings, CAFCASS Involvement
Family Law Child Law Interim Residence Orders Child's Wishes and Feelings Appeals in Family Proceedings CAFCASS Involvement

Case Brief

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Parties

Father

Appellant

Mother

Respondent

Procedural Posture

Family Law Child Residence / Appeal Against Interim Residence Order

Legal Issues

  1. 1 Whether the interim order requiring return of the child to the mother should stand given the child's strong wishes and recent events
  2. 2 Whether the trial judge properly considered the child's wishes and the practicalities of enforcing the order

Ratio Decidendi

The appeal was allowed because significant new information about the child's wishes and emotional state became available after the interim order, making it impractical and potentially harmful to enforce the return to the mother. The child's age, strength of feeling, and risk of harm if forced to return justified overturning the order.

Court Disposition

Appeal allowed

Orders

  • Interim order requiring return of the child to the mother set aside
  • CAFCASS invited to represent the child as a party in future proceedings