G v G

G v G

The appellate test from Haley v Haley applies to challenges to arbitral determinations in children's welfare disputes; the court must determine whether the arbitral determination was 'wrong'. The procedure should follow the guidance in A v A, with a triage/paper stage to filter out unmeritorious challenges, followed by a full inter partes hearing if the test is passed.

Parties
Applicant: G; Respondent: G
Jurisdiction
England and Wales
Judgment Date
07 December 2022
Procedural Posture
Family Law Children/arbitration / Determination of Legal Test and Procedure for Challenging Arbitral Determination in Children's Welfare Dispute
Outcome
Directions given for skeleton arguments and for the matter to be placed before a High Court Judge to conduct the triage/paper exercise; no determination on the merits of the challenge.
Legal Topics
Children's Welfare, Arbitration Awards, Challenges to Arbitral Determinations, Procedure for Setting Aside Arbitral Awards
Family Law Arbitration Children's Welfare Arbitration Awards Challenges to Arbitral Determinations Procedure for Setting Aside Arbitral Awards

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Parties

G

Applicant

G

Respondent

Procedural Posture

Family Law Children/arbitration / Determination of Legal Test and Procedure for Challenging Arbitral Determination in Children's Welfare Dispute

Legal Issues

  1. 1 Does the appellate test from Haley v Haley apply to challenges to arbitral determinations in children's welfare disputes?
  2. 2 What is the correct procedure for challenging an arbitral determination in children's cases?

Ratio Decidendi

The appellate test from Haley v Haley applies to challenges to arbitral determinations in children's welfare disputes; the court must determine whether the arbitral determination was 'wrong'. The procedure should follow the guidance in A v A, with a triage/paper stage to filter out unmeritorious challenges, followed by a full inter partes hearing if the test is passed.

Court Disposition

Directions given for skeleton arguments and for the matter to be placed before a High Court Judge to conduct the triage/paper exercise; no determination on the merits of the challenge.

Orders

  • Applicant to file skeleton argument; respondent to file skeleton in response; matter to be listed before High Court Judge for triage/paper exercise.