W & Ors (Children), Re

W & Ors (Children), Re

The judge's orders regarding residence, periodical payments, and costs were discretionary, based on the welfare of the children and the circumstances of the parties, and were not plainly wrong or unprincipled; procedural criticisms and allegations of bias were not substantiated to warrant appellate intervention.

Parties
Appellant: Mr W; Respondent: Mrs W
Jurisdiction
England and Wales
Judgment Date
16 March 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Residence Orders, Periodical Payments, Costs, Procedural Fairness
Family Law Civil Procedure Residence Orders Periodical Payments Costs Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Mr W

Appellant

Mrs W

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in the discretionary division of time under the joint residence order
  2. 2 Whether the judge's conduct and comments indicated bias or prejudgment
  3. 3 Whether the periodical payments order was justified

Ratio Decidendi

The judge's orders regarding residence, periodical payments, and costs were discretionary, based on the welfare of the children and the circumstances of the parties, and were not plainly wrong or unprincipled; procedural criticisms and allegations of bias were not substantiated to warrant appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondent's costs, such costs to be assessed