D (Children), Re [2009] EWCA Civ 1551 (29 July 2009)

D (Children), Re [2009] EWCA Civ 1551 (29 July 2009)

The judge's order was manifestly within the wide ambit of his discretion, properly weighed expert evidence, applied the welfare checklist, and crafted a conditional residence order justified by the extreme situation. The appeal grounds did not demonstrate any error warranting interference.

Citation
[2009] EWCA Civ 1551
Parties
Appellant: Mother; 1st Respondent: Father; 2nd and 3rd Respondents: Paternal Grandparents; 4th and 5th Respondents: Children (by Guardian ad Litem)
Jurisdiction
England and Wales
Judgment Date
29 July 2009
Procedural Posture
Family Law Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Residence Orders, Contact Orders, Sexual Abuse Allegations, Welfare Checklist, Expert Evidence
Family Law Child Protection Residence Orders Contact Orders Sexual Abuse Allegations Welfare Checklist Expert Evidence

Case Brief

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Parties

Mother

Appellant

Father

1st Respondent

Paternal Grandparents

2nd and 3rd Respondents

Children (by Guardian ad Litem)

4th and 5th Respondents

Procedural Posture

Family Law Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the judge erred in making a conditional residence order triggered by breach of contact
  2. 2 Whether the judge properly weighed expert evidence regarding the impact of sexual abuse
  3. 3 Whether the welfare checklist under section 1(3) Children Act 1989 was properly applied

Ratio Decidendi

The judge's order was manifestly within the wide ambit of his discretion, properly weighed expert evidence, applied the welfare checklist, and crafted a conditional residence order justified by the extreme situation. The appeal grounds did not demonstrate any error warranting interference.

Court Disposition

Appeal dismissed

Orders

  • No direct contact between father and sons until further order
  • Indirect contact permitted