R (A Child)

R (A Child)

Despite the judge's misunderstanding of the mother's position on shared residence, the order made was within the wide ambit of judicial discretion and was plainly the right order for the child on the evidence available. The procedural flaw did not invalidate the substantive outcome, and the appeal was dismissed as a proportionate judgment.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Family Law Appeal / Appeal From Principal Registry of the Family Division
Outcome
Appeal dismissed
Legal Topics
Child Residence, Shared Residence Orders, Procedural Fairness, Variation of Orders
Family Law Child Residence Shared Residence Orders Procedural Fairness Variation of Orders

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Appeal / Appeal From Principal Registry of the Family Division

Legal Issues

  1. 1 Whether there was procedural unfairness in the making of the shared residence order
  2. 2 Whether the judge misunderstood the mother's position regarding shared residence
  3. 3 Whether the shared residence order was appropriate given the circumstances

Ratio Decidendi

Despite the judge's misunderstanding of the mother's position on shared residence, the order made was within the wide ambit of judicial discretion and was plainly the right order for the child on the evidence available. The procedural flaw did not invalidate the substantive outcome, and the appeal was dismissed as a proportionate judgment.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • No change to the shared residence order pending the variation application.