A (Children) [2009] EWCA Civ 1141 (07 October 2009)

A (Children) [2009] EWCA Civ 1141 (07 October 2009)

The judge erred by treating the assessment of the mother's sincerity as the crucial issue, rather than balancing the risks of moving the children against the risks of confirming residence with a clear contact order. The transfer of residence was premature and too risky; a defined contact order should be implemented first.

Citation
[2009] EWCA Civ 1141
Parties
Appellant: Mother; First Respondent: Father; Second, Third, and Fourth Respondents: Children (Kameel, Sameer, Sara)
Jurisdiction
England and Wales
Judgment Date
07 October 2009
Procedural Posture
Family Law Appeal / Appeal From County Court Order
Outcome
Appeal allowed
Legal Topics
Residence Orders, Contact Orders, Welfare of the Child, Appeal Procedure
Family Law Child Law Residence Orders Contact Orders Welfare of the Child Appeal Procedure

Case Brief

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Parties

Mother

Appellant

Father

First Respondent

Children (Kameel, Sameer, Sara)

Second, Third, and Fourth Respondents

Procedural Posture

Family Law Appeal / Appeal From County Court Order

Legal Issues

  1. 1 Whether the judge erred in transferring residence of the children from mother to father
  2. 2 Whether the risk assessment of moving the children was properly conducted
  3. 3 Whether the mother's change of position was genuine and sufficient

Ratio Decidendi

The judge erred by treating the assessment of the mother's sincerity as the crucial issue, rather than balancing the risks of moving the children against the risks of confirming residence with a clear contact order. The transfer of residence was premature and too risky; a defined contact order should be implemented first.

Court Disposition

Appeal allowed

Orders

  • Residence order in favour of father set aside
  • Defined contact order in line with guardian's proposals to be implemented immediately