W (Children), Re [2002] EWCA Civ 1411 (22 August 2002)

W (Children), Re [2002] EWCA Civ 1411 (22 August 2002)

The judge's orders prioritised the children's long-term stability, certainty, and practical considerations, given the mother's move to Wells and financial uncertainty regarding continued private education; the appeal was dismissed as the judge was not plainly wrong in exercising discretion.

Citation
[2002] EWCA Civ 1411
Parties
Applicant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
22 August 2002
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal
Outcome
appeal dismissed
Legal Topics
Specific Issue Orders, Child Education, Parental Responsibility, Children Act 1989
Family Law Specific Issue Orders Child Education Parental Responsibility Children Act 1989

Case Brief

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the judge erred in making specific issue orders requiring all three children to move schools
  2. 2 Whether financial uncertainty justified moving C from private to state sector
  3. 3 Whether the disruption to the children's education was justified

Ratio Decidendi

The judge's orders prioritised the children's long-term stability, certainty, and practical considerations, given the mother's move to Wells and financial uncertainty regarding continued private education; the appeal was dismissed as the judge was not plainly wrong in exercising discretion.

Court Disposition

appeal dismissed

Orders

  • All three children to move to schools in Wells as per the original order
  • No change to specific issue orders made by Judge Ticehurst