T v T

The Recorder's decision to grant a shared residence order to M and F was within his discretion, based on thorough assessment of the children's welfare, their genuine relationship with F, and recognition of L's parental responsibility. The order was not materially flawed, but the appeal was allowed to the limited extent of substituting a residence order in favour of M, F, and L to address the contingency of M's death.

Parties: Applicant: M; Applicant: L; Respondent: F
Jurisdiction: England and Wales
Judgment Date: 01 December 2010
Procedural Posture: Family / Appeal
Outcome: appeal allowed in part
Legal Topics: Residence Orders, Parental Responsibility, Shared Residence, Non Traditional Families, Children's Welfare

Family Law Residence Orders Parental Responsibility Shared Residence Non Traditional Families Children's Welfare

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Parties

Applicant

Respondent

Procedural Posture

Family / Appeal

Legal Issues

1 Whether the shared residence order in favour of M and F was appropriate
2 Whether L's role as a parent was sufficiently recognised
3 Whether the amount of time spent with F was in the children's best interests

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Shared residence order in favour of M and F substituted with residence order in favour of M, F, and L
No earlier review ordered; parties may apply for earlier directions hearing if appropriate