D (Children),Re

D (Children),Re

The judge's decision to transfer residence to the paternal grandparents was a proper exercise of discretion based on overwhelming evidence of emotional harm to the children if left with the mother, and the welfare of the children required the change despite short-term distress.

Parties
Appellant: Mother; First Respondent: Father; Second and Third Respondents: Paternal Grandparents; Fourth and Fifth Respondents: Children
Jurisdiction
England and Wales
Judgment Date
07 April 2010
Procedural Posture
Family Law Appeal / Application for Permission to Appeal High Court Order
Outcome
Application for permission to appeal refused
Legal Topics
Child Residence, Contact Orders, Parental Alienation, Welfare Principle
Family Law Child Welfare Child Residence Contact Orders Parental Alienation Welfare Principle

Case Brief

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Parties

Mother

Appellant

Father

First Respondent

Paternal Grandparents

Second and Third Respondents

Children

Fourth and Fifth Respondents

Procedural Posture

Family Law Appeal / Application for Permission to Appeal High Court Order

Legal Issues

  1. 1 Whether the High Court judge erred in ordering a change of residence from mother to paternal grandparents
  2. 2 Whether the judge failed to consider the father's past sexual abuse in the welfare assessment
  3. 3 Whether the emotional harm to the children justified removal from the mother

Ratio Decidendi

The judge's decision to transfer residence to the paternal grandparents was a proper exercise of discretion based on overwhelming evidence of emotional harm to the children if left with the mother, and the welfare of the children required the change despite short-term distress.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Reporting restrictions to protect the identity of the children remain in force