F (Children), Re

F (Children), Re

The appeal was dismissed because the appellate court did not have sufficient material (such as transcripts or an approved judgment) to determine that the trial judge was in error. The court could not conclude that the welfare checklist was misapplied or that the judge's decision was wrong based on the limited record.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
15 November 2012
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Child Residence, Education of Children, Contact Arrangements, Appeal Procedure
Family Law Child Residence Education of Children Contact Arrangements Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in changing the residence and school of the children
  2. 2 Whether the welfare checklist under section 1(3) of the Children Act was properly applied
  3. 3 Whether the children's wishes and feelings were properly considered given the elder child's autism spectrum disorder

Ratio Decidendi

The appeal was dismissed because the appellate court did not have sufficient material (such as transcripts or an approved judgment) to determine that the trial judge was in error. The court could not conclude that the welfare checklist was misapplied or that the judge's decision was wrong based on the limited record.

Court Disposition

Appeal dismissed

Orders

  • Mother to issue application for variation of contact and education orders within seven days
  • Mother to file statement in support within ten days; father to respond within ten days thereafter