P v B (Permission to appeal an arbitral award: children)

P v B (Permission to appeal an arbitral award: children)

There was no duty on the arbitrator to reconsider the summer holiday division absent agreement between the parties; the arbitrator acted within statutory powers and conducted a welfare analysis; the grounds of challenge had no real prospect of success under either test for permission to appeal.

Parties
Applicant: LB; Respondent: DP; Child: SP
Jurisdiction
England and Wales
Judgment Date
26 March 2025
Procedural Posture
Family / Permission to Appeal Arbitral Award (children)
Outcome
permission to appeal refused
Legal Topics
Child Arrangements, Arbitral Award Challenge, Summer Holiday Division, Welfare Analysis
Family Law Arbitration Child Arrangements Arbitral Award Challenge Summer Holiday Division Welfare Analysis

Case Brief

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Parties

LB

Applicant

DP

Respondent

SP

Child

Procedural Posture

Family / Permission to Appeal Arbitral Award (children)

Legal Issues

  1. 1 Whether the arbitrator erred procedurally by refusing to reconsider the summer holiday division
  2. 2 Whether the arbitrator failed to conduct a welfare checklist analysis
  3. 3 Whether the arbitrator failed to balance the parents' positions and provide reasons for the division

Ratio Decidendi

There was no duty on the arbitrator to reconsider the summer holiday division absent agreement between the parties; the arbitrator acted within statutory powers and conducted a welfare analysis; the grounds of challenge had no real prospect of success under either test for permission to appeal.

Court Disposition

permission to appeal refused

Orders

  • Applicant may request reconsideration at oral hearing within 7 days after service of order
  • Decision on costs (£15,693.60) deferred pending applicant's decision on oral hearing