B (A Child), Re [2012] EWCA Civ 858 (03 May 2012)

B (A Child), Re [2012] EWCA Civ 858 (03 May 2012)

The judge could not make negative findings against the mother or positive findings in favour of the paternal family without a full investigation of the relevant history in the context of an application for transfer of primary care; procedural fairness required a more extensive re-trial.

Citation
[2012] EWCA Civ 858
Parties
Appellant: Mother; First Respondent: Paternal Grandmother; Second Respondent: Father
Jurisdiction
England and Wales
Judgment Date
03 May 2012
Procedural Posture
Family Law Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed
Legal Topics
Residence Orders, Child Welfare, Appeals, Procedural Fairness
Family Law Residence Orders Child Welfare Appeals Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Paternal Grandmother

First Respondent

Father

Second Respondent

Procedural Posture

Family Law Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in granting a residence order to the paternal grandmother
  2. 2 Whether the judge failed to investigate relevant history and allegations
  3. 3 Whether the judge failed to explain rejection of expert recommendations

Ratio Decidendi

The judge could not make negative findings against the mother or positive findings in favour of the paternal family without a full investigation of the relevant history in the context of an application for transfer of primary care; procedural fairness required a more extensive re-trial.

Court Disposition

Appeal allowed

Orders

  • Order of 18 April set aside
  • Case remitted for re-trial with consideration of appointing a guardian for the child