M (Children)

The application raises an urgent issue due to new evidence (child's injury and inability to attend school), justifying adjournment for a full inter partes hearing to allow the mother to present her reasoned views and for final disposal of the proposed appeal.

Parties: Applicant: Mr M; Respondent: Mrs M; Respondent: N and G (children)
Jurisdiction: England and Wales
Judgment Date: 31 January 2007
Procedural Posture: Children Act Proceedings (application for Permission to Appeal) / Application for Permission to Appeal; Adjournment for Inter Partes Hearing
Outcome: Application adjourned for inter partes hearing before two judges.
Legal Topics: Child Arrangements, Leave to Remove From Jurisdiction, Appeal Procedure

Family Law Child Arrangements Leave to Remove From Jurisdiction Appeal Procedure

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Parties

Mr M

Applicant

Mrs M

Respondent

N and G (children)

Respondent

Procedural Posture

Children Act Proceedings (application for Permission to Appeal) / Application for Permission to Appeal; Adjournment for Inter Partes Hearing

Legal Issues

1 Whether permission to appeal should be granted regarding the start date of a holiday abroad for children
2 Whether the judge's exercise of discretion regarding loss of schooling was appropriate in light of new evidence

Ratio Decidendi

Court Disposition

Application adjourned for inter partes hearing before two judges.

Orders

Application adjourned to Monday 5 February 2007 for hearing before two Lords Justices, on notice to the mother and the guardian.