K (A Child)

The district judge's apparent belief that shared residence requires equal time was incorrect; the case raises an important point of principle warranting further consideration at an oral hearing.

Parties: Applicant: Mr K; Respondent: G's mother
Jurisdiction: England and Wales
Judgment Date: 13 March 2008
Procedural Posture: Family Law Appeal / Application for Permission to Appeal; Adjourned for Oral Hearing
Outcome: Application for permission to appeal adjourned for oral hearing with appeal to follow.
Legal Topics: Shared Residence Orders, Contact Arrangements, Parental Responsibility

Family Law Shared Residence Orders Contact Arrangements Parental Responsibility

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Parties

Mr K

Applicant

G's mother

Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal; Adjourned for Oral Hearing

Legal Issues

1 Whether a shared residence order should be made where the child's time is not equally divided between parents
2 Whether the district judge erred in law regarding the requirements for a shared residence order

Ratio Decidendi

The district judge's apparent belief that shared residence requires equal time was incorrect; the case raises an important point of principle warranting further consideration at an oral hearing.

Court Disposition

Application for permission to appeal adjourned for oral hearing with appeal to follow.

Orders

Matter adjourned for oral hearing before a two- or three-judge court, with preference for family law experience.