M (Children)

M (Children)

The judge's findings against Ashleigh were flawed due to lack of proper analysis and representation. The division of the children's time was inconsistent with their welfare and wishes, and the court should order an equal division of time between parents.

Parties
Appellant: Mr Mayne; Respondent: Mrs Mayne
Jurisdiction
England and Wales
Judgment Date
22 January 2008
Procedural Posture
Family Law Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Child Residence, Shared Care, Welfare of the Child, Appeal Procedure
Family Law Child Residence Shared Care Welfare of the Child Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Mayne

Appellant

Mrs Mayne

Respondent

Procedural Posture

Family Law Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in making adverse findings against Ashleigh without proper analysis or representation
  2. 2 Whether the judge's division of the children's time between parents was contrary to their welfare and wishes

Ratio Decidendi

The judge's findings against Ashleigh were flawed due to lack of proper analysis and representation. The division of the children's time was inconsistent with their welfare and wishes, and the court should order an equal division of time between parents.

Court Disposition

Appeal allowed

Orders

  • Permission granted to appeal
  • Order below varied to provide for equal division of children's time between parents