M (Children), Re

M (Children), Re

The judge at first instance conducted the required balancing exercise under the Children Act 1989, weighing the risk posed by the father's sexual interests against the benefits of stability and the children's welfare in the current arrangement. Although the judge gave undue weight to certain factors, the overall decision was not plainly wrong and within the scope of judicial discretion. Therefore, the appeal must be dismissed.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
12 February 2008
Procedural Posture
Family Law Children / Appeal From Portsmouth County Court Decision Refusing Variation of Shared Residence Order
Outcome
Appeal dismissed
Legal Topics
Residence Orders, Variation of Orders, Children Act 1989, Welfare of the Child
Family Law Child Law Residence Orders Variation of Orders Children Act 1989 Welfare of the Child

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Children / Appeal From Portsmouth County Court Decision Refusing Variation of Shared Residence Order

Legal Issues

  1. 1 Whether the judge erred in refusing to vary the shared residence order to a sole residence order in favour of the mother
  2. 2 Whether the judge properly conducted the balancing exercise under the Children Act 1989 given findings about the father's sexual interests

Ratio Decidendi

The judge at first instance conducted the required balancing exercise under the Children Act 1989, weighing the risk posed by the father's sexual interests against the benefits of stability and the children's welfare in the current arrangement. Although the judge gave undue weight to certain factors, the overall decision was not plainly wrong and within the scope of judicial discretion. Therefore, the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed