(A Child)

(A Child)

The judge carefully balanced the advantages and disadvantages of a change in residence, gave due consideration to the child's wishes and the situation in the father's household, but found that the risks to the child's welfare, particularly the risk to his relationship with the father and the mother's past conduct, outweighed the arguments for change. The appellate court found no error in the judge's reasoning or discretion and refused permission to appeal.

Parties
Applicant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
16 August 2006
Procedural Posture
Family Law Residence Order Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused; application dismissed.
Legal Topics
Residence Orders, Welfare of the Child, Parental Responsibility, Contact Arrangements, Appeals in Family Proceedings
Family Law Child Law Residence Orders Welfare of the Child Parental Responsibility Contact Arrangements Appeals in Family Proceedings

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Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Family Law Residence Order Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application for a residence order for the child to live with her
  2. 2 Whether the judge gave insufficient weight to the child's wishes and the unsatisfactory circumstances in the father's household

Ratio Decidendi

The judge carefully balanced the advantages and disadvantages of a change in residence, gave due consideration to the child's wishes and the situation in the father's household, but found that the risks to the child's welfare, particularly the risk to his relationship with the father and the mother's past conduct, outweighed the arguments for change. The appellate court found no error in the judge's reasoning or discretion and refused permission to appeal.

Court Disposition

Permission to appeal refused; application dismissed.