T (Children), Re

The appeal was dismissed because the trial judge's decision, made after careful consideration of all relevant factors and evidence, was not plainly wrong and fell within the ambit of reasonable judicial discretion. The welfare of the children did not require a change of residence.

Parties: Appellant: Mother; First and Second Respondents: Paternal Grandparents; Third Respondent: Father
Jurisdiction: England and Wales
Judgment Date: 17 November 2010
Procedural Posture: Appeal / Judgment on Appeal From Refusal of Residence Order
Outcome: Appeal dismissed
Legal Topics: Child Residence, Welfare of the Child, Judicial Discretion, Delay in Proceedings

Family Law Child Residence Welfare of the Child Judicial Discretion Delay in Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Paternal Grandparents

First and Second Respondents

Father

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Refusal of Residence Order

Legal Issues

1 Whether the trial judge erred in refusing to transfer residence of the children to the mother
2 Whether the welfare of the children required a change of residence
3 Whether the judge failed to consider relevant factors such as the age of the grandparents, biological connection, risk from the father, and delay in proceedings

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Children to remain residing with the grandparents
Contact arrangements for the mother as ordered by the lower court remain in force