U (Children : Residence order)

U (Children : Residence order)

The trial judge did not err in his welfare analysis or in his approach to the children's wishes and feelings. The findings against the mother were justified, and the absence of a guardian or further evidence did not amount to a procedural error. The appeal is dismissed.

Source-derived case information.

Parties
Applicant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
20 October 2016
Procedural Posture
Family Law Appeal / Appeal From Family Division, High Court
Outcome
Appeal dismissed
Legal Topics
Child Arrangements, Welfare of Children, Parental Alienation, Appeal Procedure
Family Law Child Arrangements Welfare of Children Parental Alienation Appeal Procedure

Source-derived case record

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Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Family Law Appeal / Appeal From Family Division, High Court

Legal Issues

  1. 1 Whether the trial judge conducted an adequate welfare analysis for each child
  2. 2 Whether the wishes and feelings of the children were properly considered
  3. 3 Whether the absence of a children's guardian or separate representation was an error

Ratio Decidendi

The trial judge did not err in his welfare analysis or in his approach to the children's wishes and feelings. The findings against the mother were justified, and the absence of a guardian or further evidence did not amount to a procedural error. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.