Z ( A Child), Re

The Court of Appeal held that the judge failed to properly apply the welfare checklist, did not give sufficient weight to Z's age, health, breastfeeding, and the mother's role as sole carer, and made an order that prejudiced the mother's position before a full hearing. The interim order was set aside and replaced with a more balanced arrangement pending the full hearing.

Parties: Appellant: Mother; Respondent: Father
Jurisdiction: England and Wales
Judgment Date: 19 February 2010
Procedural Posture: Family Law Appeal / Appeal From Contact Order (interim)
Outcome: Appeal allowed
Legal Topics: Child Contact, Interim Orders, Residence, Welfare of the Child

Family Law Child Contact Interim Orders Residence Welfare of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Appeal / Appeal From Contact Order (interim)

Legal Issues

1 Whether the interim contact order made by HHJ Richards properly considered the welfare of the child Z under the Children Act 1989
2 Whether the order gave sufficient weight to the child's age, health, and primary care arrangements
3 Whether the process was procedurally fair to the mother

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Interim contact order of 28 January set aside
New interim contact regime established: two two-hour contact periods per week at a contact centre during father's working weeks; two hours (or one hour if not possible) on Saturday and Sunday during non-working weeks for first two weeks; thereafter, two overnight stays per fortnight with father in Manchester