C (A Child), Re [2001] EWCA Civ 479 (12 March 2001)

C (A Child), Re [2001] EWCA Civ 479 (12 March 2001)

The application for permission to appeal was refused because the interim order was made with the child's welfare as paramount consideration, the decision was reasoned and limited in duration, and any alleged procedural disadvantage did not amount to a violation of rights given the interim nature and imminent full hearing.

Citation
[2001] EWCA Civ 479
Parties
Applicant: Mr C; Respondent: Mrs C
Jurisdiction
England and Wales
Judgment Date
12 March 2001
Procedural Posture
Child Residence Application (family Law) / Application for Permission to Appeal (interim Order)
Outcome
Application for permission to appeal dismissed
Legal Topics
Interim Residence Orders, Welfare of the Child, Right to Legal Representation, Human Rights in Family Proceedings
Family Law Child Law Interim Residence Orders Welfare of the Child Right to Legal Representation Human Rights in Family Proceedings

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr C

Applicant

Mrs C

Respondent

Procedural Posture

Child Residence Application (family Law) / Application for Permission to Appeal (interim Order)

Legal Issues

  1. 1 Whether the refusal to adjourn for legal representation breached the applicant's rights
  2. 2 Whether the interim residence order was made in accordance with the child's welfare as paramount consideration

Ratio Decidendi

The application for permission to appeal was refused because the interim order was made with the child's welfare as paramount consideration, the decision was reasoned and limited in duration, and any alleged procedural disadvantage did not amount to a violation of rights given the interim nature and imminent full hearing.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Interim residence of the child with the mother continues pending full hearing
  • Father to have contact every Saturday all day and every Wednesday evening after school