W (Children)

W (Children)

The judge was entitled to refuse to reopen the fact-finding hearing due to significant delay, changed circumstances, the children's best interests, and the mother's prior consent to orders; reopening would be disproportionate and not serve the children's welfare.

Source-derived case information.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
24 July 2012
Procedural Posture
Children Proceedings / Appeal Against Refusal to Reopen Fact Finding Hearing
Outcome
appeal dismissed
Legal Topics
Child Residence, Contact, Case Management, Fact Finding Hearings, Consent Orders
Family Law Child Residence Contact Case Management Fact Finding Hearings Consent Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Children Proceedings / Appeal Against Refusal to Reopen Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother should be permitted to reopen and set aside the consent order made in August 2009 regarding allegations against the father
  2. 2 Whether delay and changed circumstances preclude a rehearing of abandoned allegations
  3. 3 Whether the interests of the children require a fact-finding hearing on the mother's allegations

Ratio Decidendi

The judge was entitled to refuse to reopen the fact-finding hearing due to significant delay, changed circumstances, the children's best interests, and the mother's prior consent to orders; reopening would be disproportionate and not serve the children's welfare.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.