D (A Child), Re [2000] EWCA Civ 402 (14 December 2000)

D (A Child), Re [2000] EWCA Civ 402 (14 December 2000)

There is an arguable case that the trial judge erred in finding the mother unfit based on medical evidence, and that this error may have affected the balance of factors in the residence decision, justifying permission to appeal.

Citation
[2000] EWCA Civ 402
Parties
Applicant: Mrs D; Respondent: Mr D
Jurisdiction
England and Wales
Judgment Date
14 December 2000
Procedural Posture
Family Law Child Residence Application / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Child Residence, Parental Capacity, Appeal Procedure
Family Law Child Residence Parental Capacity Appeal Procedure

Case Brief

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Parties

Mrs D

Applicant

Mr D

Respondent

Procedural Posture

Family Law Child Residence Application / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding the mother unfit to care for the child due to health concerns
  2. 2 Whether the judge gave undue weight to the mother's medical history and insufficient weight to agreed medical evidence
  3. 3 Whether the judge failed to consider the child's age and the presumption in favour of maternal care for young children

Ratio Decidendi

There is an arguable case that the trial judge erred in finding the mother unfit based on medical evidence, and that this error may have affected the balance of factors in the residence decision, justifying permission to appeal.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal against the order of 14th September 2000 is granted