B (A Child)

B (A Child)

The judge's refusal to replace the guardian was a discretionary decision well within his powers, supported by the child's welfare and continuity, and there was no basis for appellate interference.

Parties
Appellant: Mr B; Respondent: First Respondent; Respondent: Second Respondent
Jurisdiction
England and Wales
Judgment Date
31 March 2009
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Child Contact, Guardian Appointment, Discretionary Orders
Family Law Child Contact Guardian Appointment Discretionary Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Mr B

Appellant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing to replace the child's guardian with NYAS
  2. 2 Whether the judge's discretionary decision should be interfered with on appeal

Ratio Decidendi

The judge's refusal to replace the guardian was a discretionary decision well within his powers, supported by the child's welfare and continuity, and there was no basis for appellate interference.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed