G (Children), Re

G (Children), Re

The trial judge was entitled to conclude, on the evidence and applying the welfare principle, that the children's best interests were served by attending the schools proposed by the mother, which would provide broader educational and career opportunities, greater future choice, and a more adaptable environment post-separation, despite the resulting change in religious and cultural lifestyle. The judge correctly applied the law, gave appropriate weight to the CAFCASS report, and was not plainly wrong. The appeal was therefore dismissed.

Parties
Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
04 October 2012
Procedural Posture
Appeal (children Act 1989, Part Ii, Private Law) / Appeal From Willesden County Court Judgment and Order
Outcome
Appeal dismissed (permission refused on shared residence; appeal dismissed on education issue)
Legal Topics
Residence Orders, Education of Children, Religious Upbringing, Welfare Principle, Shared Residence, Parental Dispute
Family Law Child Law Residence Orders Education of Children Religious Upbringing Welfare Principle Shared Residence Parental Dispute

Case Brief

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Parties

Father

Appellant

Mother

Respondent

Procedural Posture

Appeal (children Act 1989, Part Ii, Private Law) / Appeal From Willesden County Court Judgment and Order

Legal Issues

  1. 1 Whether the trial judge erred in refusing a shared residence order
  2. 2 Whether the trial judge erred in accepting the mother's proposals for the children's education, resulting in a change of religious and cultural lifestyle

Ratio Decidendi

The trial judge was entitled to conclude, on the evidence and applying the welfare principle, that the children's best interests were served by attending the schools proposed by the mother, which would provide broader educational and career opportunities, greater future choice, and a more adaptable environment post-separation, despite the resulting change in religious and cultural lifestyle. The judge correctly applied the law, gave appropriate weight to the CAFCASS report, and was not plainly wrong. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed (permission refused on shared residence; appeal dismissed on education issue)

Orders

  • Residence order in favour of the mother confirmed
  • Children to attend schools proposed by the mother (A school for eldest girl, B school for other children)