K (A Child)), Re

K (A Child)), Re

The lower courts erred in law by treating the application for equal division of time and for a shared residence order as indivisible, contrary to established legal principles. The welfare of the child supported making a shared residence order, even though the division of time remained unequal. The appeal was allowed and a shared residence order was made.

Parties
Applicant/appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
04 April 2008
Procedural Posture
Family Law Children / Second Appeal to the Court of Appeal From Taunton County Court, Following Dismissal of Appeal From Yeovil County Court
Outcome
Appeal allowed
Legal Topics
Shared Residence Orders, Children Act 1989, Parental Responsibility, Contact Arrangements, Welfare Principle
Family Law Child Law Shared Residence Orders Children Act 1989 Parental Responsibility Contact Arrangements Welfare Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Father

Applicant/appellant

Mother

Respondent

Procedural Posture

Family Law Children / Second Appeal to the Court of Appeal From Taunton County Court, Following Dismissal of Appeal From Yeovil County Court

Legal Issues

  1. 1 Whether a shared residence order requires equal division of the child's time between parents
  2. 2 Whether the lower courts erred in law by treating the application for equal time and shared residence as indivisible
  3. 3 Whether the welfare of the child required a change in the current arrangements

Ratio Decidendi

The lower courts erred in law by treating the application for equal division of time and for a shared residence order as indivisible, contrary to established legal principles. The welfare of the child supported making a shared residence order, even though the division of time remained unequal. The appeal was allowed and a shared residence order was made.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Order of the circuit judge set aside