A (a child) and M (a child), Re
The trial judge had ample evidence to support the findings that the threshold criteria for care orders were met and that the children's welfare required them to live with their respective fathers. There was no evidence of procedural unfairness or perjured evidence. The judge's exercise of discretion was proper and cannot be interfered with on appeal.
- Parties
- Applicant/mother: Mrs FM; Father of a: Mr A; Father of P: Mr M; Respondent: Local Authority
- Jurisdiction
- England and Wales
- Judgment Date
- 07 February 2008
- Procedural Posture
- Civil Family Law (care Orders) / Application for Permission to Appeal (court of Appeal)
- Outcome
- Application for permission to appeal dismissed
- Legal Topics
- Care Orders, Child Custody, Contact Orders, Appeals
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mrs FM
Applicant/mother
Mr A
Father of a
Mr M
Father of P
Local Authority
Respondent
Procedural Posture
Civil Family Law (care Orders) / Application for Permission to Appeal (court of Appeal)
Legal Issues
- 1 Whether the trial judge erred in making care orders placing the children with their respective fathers under the care of the local authority
- 2 Whether the evidence before the trial judge was inaccurate or perjured
- 3 Whether the applicant mother was denied a fair hearing
Ratio Decidendi
The trial judge had ample evidence to support the findings that the threshold criteria for care orders were met and that the children's welfare required them to live with their respective fathers. There was no evidence of procedural unfairness or perjured evidence. The judge's exercise of discretion was proper and cannot be interfered with on appeal.
Court Disposition
Application for permission to appeal dismissed
Orders
- Transcript of the judgment to be prepared at public expense and made available to the applicant mother
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment