W (A Child)

W (A Child)

The appeal was dismissed because the recorder correctly exercised her discretion in making a shared residence order, which was in the best interests of the child and reflected the equality of parental responsibility, regardless of the proportion of time spent with each parent. The order for contact was inappropriate and should be redrawn to specify periods under the shared residence order.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
10 February 2009
Procedural Posture
Family Law Children / Appeal From Bromley County Court, Order for Shared Residence
Outcome
Appeal dismissed with modification
Legal Topics
Shared Residence Orders, Parental Responsibility, Contact Arrangements, Children Act 1989
Family Law Child Law Shared Residence Orders Parental Responsibility Contact Arrangements Children Act 1989

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Children / Appeal From Bromley County Court, Order for Shared Residence

Legal Issues

  1. 1 Whether a shared residence order was appropriate where the child spent less than equal time with each parent
  2. 2 Whether inability of parents to work in harmony precludes a shared residence order
  3. 3 Whether a contact order can be made alongside a shared residence order

Ratio Decidendi

The appeal was dismissed because the recorder correctly exercised her discretion in making a shared residence order, which was in the best interests of the child and reflected the equality of parental responsibility, regardless of the proportion of time spent with each parent. The order for contact was inappropriate and should be redrawn to specify periods under the shared residence order.

Court Disposition

Appeal dismissed with modification

Orders

  • Appeal dismissed
  • Recorder's order to be redrawn to remove contact order and specify periods under shared residence order