H (Children)

H (Children)

The judge was entitled to form a preliminary view of the mother's credibility based on oral evidence at prior hearings, properly managed the case, and made a proportionate and justified order for immediate change of residence to safeguard the children's welfare. The criticisms of process and judicial interviews do not undermine the judge's decision, and permission to appeal is refused.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
05 June 2014
Procedural Posture
Private Law Family Proceedings / Application for Permission to Appeal From High Court Decision
Outcome
Permission to appeal refused
Legal Topics
Residence Orders, Contact Orders, Judicial Interviews With Children, Parental Manipulation, Expert Evidence, Case Management
Family Law Child Welfare Residence Orders Contact Orders Judicial Interviews With Children Parental Manipulation Expert Evidence Case Management

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Private Law Family Proceedings / Application for Permission to Appeal From High Court Decision

Legal Issues

  1. 1 Whether the judge erred in making an immediate change of residence for the children
  2. 2 Whether the judge conducted unfair process by limiting evidence and witnesses
  3. 3 Whether judicial interviews with children were improperly conducted

Ratio Decidendi

The judge was entitled to form a preliminary view of the mother's credibility based on oral evidence at prior hearings, properly managed the case, and made a proportionate and justified order for immediate change of residence to safeguard the children's welfare. The criticisms of process and judicial interviews do not undermine the judge's decision, and permission to appeal is refused.

Court Disposition

Permission to appeal refused

Orders

  • Immediate change of residence for two younger boys to father
  • Residence order for eldest boy to paternal grandmother