M (Children), Re [2002] EWCA Civ 485 (11 March 2002)

M (Children), Re [2002] EWCA Civ 485 (11 March 2002)

Permission to appeal is granted because the arguments raised by the appellant merit fuller consideration by a full court, given the importance of the expert evidence and the discretionary nature of the original decision.

Citation
[2002] EWCA Civ 485
Parties
Appellant: Mr Gold; First Respondent: Mr Cummings; Second Respondent: London Borough of Camden
Jurisdiction
England and Wales
Judgment Date
11 March 2002
Procedural Posture
Family Law Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted; extension of time granted; costs reserved.
Legal Topics
Care Orders, Supervision Orders, Residence Orders, Section 31 Threshold, Child Welfare
Family Law Care Orders Supervision Orders Residence Orders Section 31 Threshold Child Welfare

Case Brief

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Parties

Mr Gold

Appellant

Mr Cummings

First Respondent

London Borough of Camden

Second Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in rejecting expert evidence regarding the child's welfare
  2. 2 Whether the judge's decision not to make care or supervision orders was flawed or plainly wrong
  3. 3 Whether the residence order application by Mr Gold was wrongly rejected

Ratio Decidendi

Permission to appeal is granted because the arguments raised by the appellant merit fuller consideration by a full court, given the importance of the expert evidence and the discretionary nature of the original decision.

Court Disposition

Permission to appeal granted; extension of time granted; costs reserved.

Orders

  • Appeal to be heard by a court of three Lords Justices with a time estimate of one day.
  • Appellant to file transcripts of relevant oral evidence of the three experts at least 14 days before the appeal date.