W (A Child), Re

W (A Child), Re

The judge's discretionary decision to award sole residence to the mother was based on a careful assessment of the parties, the child's welfare, and the evidence. There was no serious error of law or irrationality, and the appellate court could not interfere.

Parties
Applicant: Mr W; Respondent: Mrs W
Jurisdiction
England and Wales
Judgment Date
13 October 2005
Procedural Posture
Civil Appeal (child Residence) / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Child Residence, Shared Care, Welfare of the Child, Appeals Procedure
Family Law Child Residence Shared Care Welfare of the Child Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr W

Applicant

Mrs W

Respondent

Procedural Posture

Civil Appeal (child Residence) / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in awarding sole residence to the mother instead of a shared residence order
  2. 2 Whether the judge gave undue weight to a disputed CAFCASS report
  3. 3 Whether a further CAFCASS report was necessary due to the mother's proposed relocation

Ratio Decidendi

The judge's discretionary decision to award sole residence to the mother was based on a careful assessment of the parties, the child's welfare, and the evidence. There was no serious error of law or irrationality, and the appellate court could not interfere.

Court Disposition

application for permission to appeal refused

Orders

  • Application for permission to appeal refused.
  • Transcript provided at public expense.