W v W

W v W

The appeal was allowed due to a serious procedural irregularity: the lower court improperly relied on a position statement from a former Guardian who was not a party and whose information was gathered only from the mother, resulting in unfairness.

Parties
Appellant: Mr W; Respondent: Ms W
Jurisdiction
England and Wales
Judgment Date
22 October 2025
Procedural Posture
Family Appeal / Judgment on Appeal Against Refusal of Permission to Apply for Section 8 Children Act Order
Outcome
Appeal allowed; permission to appeal granted
Legal Topics
Section 8 Children Act Applications, Section 91(14) Children Act Orders, Procedural Fairness, Appeals
Family Law Section 8 Children Act Applications Section 91(14) Children Act Orders Procedural Fairness Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Mr W

Appellant

Ms W

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal Against Refusal of Permission to Apply for Section 8 Children Act Order

Legal Issues

  1. 1 Whether there was a serious procedural irregularity in the lower court's handling of the father's application for permission to apply for a section 8 Children Act order
  2. 2 Whether the lower court's decision was wrong or unjust
  3. 3 Whether the father should be granted permission to appeal and the appeal allowed

Ratio Decidendi

The appeal was allowed due to a serious procedural irregularity: the lower court improperly relied on a position statement from a former Guardian who was not a party and whose information was gathered only from the mother, resulting in unfairness.

Court Disposition

Appeal allowed; permission to appeal granted

Orders

  • Matter listed for a 2-hour hearing before Mr Justice Trowell to consider whether permission should be given for the father to bring his application for section 8 orders
  • Parties to agree a bundle and exchange concise position statements two days before the hearing