M (Children), Re

M (Children), Re

The judge found no reasonable prospect of success for the proposed appeal. The lower court's decision was within its discretion, especially given the children's strong opposition to contact and the evidence supporting the mother's application. The procedural complaints and lack of adjudication on abuse allegations did not amount to appealable error in the circumstances.

Parties
Applicant/appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
19 October 2007
Procedural Posture
Family Law Children / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Leave to Remove Children From Jurisdiction, Contact Orders, Appeal Procedure, Domestic Violence Allegations
Family Law Children Law Leave to Remove Children From Jurisdiction Contact Orders Appeal Procedure Domestic Violence Allegations

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Parties

Father

Applicant/appellant

Mother

Respondent

Procedural Posture

Family Law Children / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether permission to appeal should be granted out of time against orders permitting removal of children from jurisdiction and restricting contact
  2. 2 Whether the lower court erred in granting leave to remove the children to France
  3. 3 Whether the lower court erred in refusing direct contact between father and children

Ratio Decidendi

The judge found no reasonable prospect of success for the proposed appeal. The lower court's decision was within its discretion, especially given the children's strong opposition to contact and the evidence supporting the mother's application. The procedural complaints and lack of adjudication on abuse allegations did not amount to appealable error in the circumstances.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused