C (a child), Re

C (a child), Re

The judge was entitled to order an immediate change of residence from mother to father as all other remedies had been exhausted, the mother's implacable hostility to contact posed a risk of future harm to the child, and the judge properly considered the welfare checklist and the child's best interests as paramount....

Source-derived case information.

Parties
Appellant: Melissa Duff; Respondent: Darren Paul Curryer
Jurisdiction
England and Wales
Judgment Date
03 July 2007
Procedural Posture
Civil Appeal (family Law Child Residence) / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Child Residence, Contact Orders, Welfare Principle, Enforcement of Court Orders
Family Law Child Residence Contact Orders Welfare Principle Enforcement of Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Melissa Duff

Appellant

Darren Paul Curryer

Respondent

Procedural Posture

Civil Appeal (family Law Child Residence) / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in ordering an immediate change of residence of the child from mother to father
  2. 2 Whether the judge failed to properly consider the welfare checklist and best interests of the child
  3. 3 Whether the judge's decision was influenced by a desire to punish the mother rather than prioritising the child's welfare

Ratio Decidendi

The judge was entitled to order an immediate change of residence from mother to father as all other remedies had been exhausted, the mother's implacable hostility to contact posed a risk of future harm to the child, and the judge properly considered the welfare checklist and the child's best interests as paramount. The criticisms of inadequate reasoning and improper motivation were unfounded.

Court Disposition

Appeal dismissed

Orders

  • Application for permission to appeal granted
  • Appeal dismissed