JB v DJ

JB v DJ

The appeal was allowed because the trial judge erred by not reappointing a children's guardian, focusing excessively on compliance rather than the child's welfare, applying the wrong test for compliance, and failing to consider the child's welfare holistically.

Parties
Appellant: JB; Respondent: DJ
Jurisdiction
England and Wales
Judgment Date
28 October 2021
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Child Residence, Contact Orders, Enforcement of Child Arrangements, Welfare Principle, Appeal Procedure
Family Law Child Residence Contact Orders Enforcement of Child Arrangements Welfare Principle Appeal Procedure

Case Brief

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Parties

JB

Appellant

DJ

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in transferring residence of the child from mother to father
  2. 2 Whether the judge failed to appoint a children's guardian
  3. 3 Whether the judge focused excessively on compliance rather than welfare

Ratio Decidendi

The appeal was allowed because the trial judge erred by not reappointing a children's guardian, focusing excessively on compliance rather than the child's welfare, applying the wrong test for compliance, and failing to consider the child's welfare holistically.

Court Disposition

appeal allowed

Orders

  • Matter remitted to the family court at Liverpool for determination on a welfare basis as part of or together with the welfare proceedings.