O (A Child)

O (A Child)

Permission to appeal against the shared residence order is refused as the order was within the judge's discretion and appropriate in the circumstances. Permission to appeal is granted on the issue of whether a warning notice under s.11I Children Act 1989 can be attached to a shared residence order, as this affects the validity of subsequent enforcement orders.

Parties
Applicant: Mother; Respondent: Father; Subject: A (a child)
Jurisdiction
England and Wales
Judgment Date
02 November 2009
Procedural Posture
Family Law Child Residence and Contact / Renewed Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused on grounds 1 and 2 (shared residence order); permission to appeal granted on ground 3 (warning notice); permission to appeal against enforcement order to be granted if notice filed within 28 days.
Legal Topics
Child Residence, Contact Orders, Shared Residence, Enforcement of Contact Orders, Children Act 1989, Children and Adoption Act 2006
Family Law Child Residence Contact Orders Shared Residence Enforcement of Contact Orders Children Act 1989 Children and Adoption Act 2006

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Parties

Mother

Applicant

Father

Respondent

A (a child)

Subject

Procedural Posture

Family Law Child Residence and Contact / Renewed Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the judge erred in making a shared residence order instead of a contact order
  2. 2 Whether a warning notice under s.11I Children Act 1989 can be attached to a shared residence order
  3. 3 Whether the enforcement order made under s.11J Children Act 1989 is valid given the procedural requirements

Ratio Decidendi

Permission to appeal against the shared residence order is refused as the order was within the judge's discretion and appropriate in the circumstances. Permission to appeal is granted on the issue of whether a warning notice under s.11I Children Act 1989 can be attached to a shared residence order, as this affects the validity of subsequent enforcement orders.

Court Disposition

Permission to appeal refused on grounds 1 and 2 (shared residence order); permission to appeal granted on ground 3 (warning notice); permission to appeal against enforcement order to be granted if notice filed within 28 days.

Orders

  • Permission to appeal against shared residence order refused.
  • Permission to appeal against warning notice granted.