H (Children)

H (Children)

The circuit judge applied the wrong principles by allowing an interim change of residence without a compelling welfare reason or emergency, failed to give proper weight to the settled status of the children with the mother, and did not adequately consider the lack of evidence supporting the father's allegations. The appeal was allowed and the children were ordered to return to the mother.

Parties
Appellant: Mr H; Respondent: (Mother)
Jurisdiction
England and Wales
Judgment Date
02 May 2007
Procedural Posture
Family / Appeal From Wolverhampton County Court, Application for Permission to Appeal With Appeal to Follow
Outcome
Appeal allowed
Legal Topics
Child Residence, Interim Orders, Wrongful Retention, Contact Arrangements
Family Law Child Residence Interim Orders Wrongful Retention Contact Arrangements

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Parties

Mr H

Appellant

(Mother)

Respondent

Procedural Posture

Family / Appeal From Wolverhampton County Court, Application for Permission to Appeal With Appeal to Follow

Legal Issues

  1. 1 Whether the circuit judge applied the correct principles in granting an interim change of residence to the father
  2. 2 Whether the wrongful retention by the father justified a change in residence
  3. 3 Whether the urgency and welfare of the children were properly considered

Ratio Decidendi

The circuit judge applied the wrong principles by allowing an interim change of residence without a compelling welfare reason or emergency, failed to give proper weight to the settled status of the children with the mother, and did not adequately consider the lack of evidence supporting the father's allegations. The appeal was allowed and the children were ordered to return to the mother.

Court Disposition

Appeal allowed

Orders

  • Children to return to the mother
  • Further directions hearing scheduled for 30 July 2007