B (Children) , Re

B (Children) , Re

The appellate court cannot say the first instance judge was plainly wrong in refusing interim contact, as the decision was within the range of reasonable discretion and primarily concerned the children's welfare.

Parties
Applicant: Mother; Respondent (local Authority): London Borough of Camden; 2nd Respondent: Father; 3rd and 4th Respondents: Children (by their Guardian)
Jurisdiction
England and Wales
Judgment Date
17 December 2009
Procedural Posture
Family Law Child Contact/care Proceedings / Appeal From Order Denying Interim Contact Pending Final Hearing
Outcome
Appeal dismissed
Legal Topics
Interim Contact, Care Proceedings, Exercise of Judicial Discretion, Appeal Standards
Family Law Child Law Interim Contact Care Proceedings Exercise of Judicial Discretion Appeal Standards

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Parties

Mother

Applicant

London Borough of Camden

Respondent (local Authority)

Father

2nd Respondent

Children (by their Guardian)

3rd and 4th Respondents

Procedural Posture

Family Law Child Contact/care Proceedings / Appeal From Order Denying Interim Contact Pending Final Hearing

Legal Issues

  1. 1 Whether the judge at first instance was plainly wrong in refusing interim contact between mother and twins pending final hearing
  2. 2 Appropriate exercise of judicial discretion in child contact cases

Ratio Decidendi

The appellate court cannot say the first instance judge was plainly wrong in refusing interim contact, as the decision was within the range of reasonable discretion and primarily concerned the children's welfare.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed