H (A Child)

The judge erred in principle by refusing to appoint NYAS as guardian for the child without consulting NYAS and without allowing further material to be filed. The involvement of NYAS and the psychologist is complementary and necessary for the welfare of the child and to facilitate contact. The appeal is allowed, NYAS is joined as guardian, and directions are given for coordinated professional involvement.

Parties: Appellant: Mr H; Subject Child: G (a child); Respondent Mother: Mrs P
Jurisdiction: England and Wales
Judgment Date: 09 June 2006
Procedural Posture: Family Law Child Contact / Appeal From County Court Decision Refusing Appointment of NYAS as Guardian for the Child
Outcome: Appeal allowed
Legal Topics: Child Contact, Appointment of Guardian, Exercise of Judicial Discretion, Case Management

Family Law Child Contact Appointment of Guardian Exercise of Judicial Discretion Case Management

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Parties

Mr H

Appellant

G (a child)

Subject Child

Mrs P

Respondent Mother

Procedural Posture

Family Law Child Contact / Appeal From County Court Decision Refusing Appointment of NYAS as Guardian for the Child

Legal Issues

1 Whether the judge erred in refusing to appoint NYAS as guardian for the child
2 Whether the judge failed to exercise discretion properly by not consulting NYAS
3 Whether the involvement of NYAS and a psychologist would be duplicative or complementary

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

NYAS joined as a party and appointed as guardian for the child
NYAS (Mrs Provan) and Dr Willemsen to coordinate a programme of work to facilitate contact between G and her father