N (a child), Re V

N (a child), Re V

The trial judge conducted a textbook welfare analysis, properly considered all relevant factors including expert evidence, and made no error in awarding residence to the J’s; the appeal disclosed no sustainable ground for interference.

Source-derived case information.

Parties
Appellant: Mrs P and Mr P; Respondent: Mr SJ and Mrs TR
Jurisdiction
England and Wales
Judgment Date
25 July 2007
Procedural Posture
Appeal / Judgment on Appeal From First Instance
Outcome
Appeal dismissed
Legal Topics
Surrogacy, Child Residence, Welfare of the Child, Parental Responsibility
Family Law Child Law Surrogacy Child Residence Welfare of the Child Parental Responsibility

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs P and Mr P

Appellant

Mr SJ and Mrs TR

Respondent

Procedural Posture

Appeal / Judgment on Appeal From First Instance

Legal Issues

  1. 1 Whether the trial judge erred in awarding residence of N to the J’s rather than the P’s
  2. 2 Whether sufficient weight was given to the child's attachment to the P’s
  3. 3 Whether the judge properly considered future contact and the parents’ respective capacities

Ratio Decidendi

The trial judge conducted a textbook welfare analysis, properly considered all relevant factors including expert evidence, and made no error in awarding residence to the J’s; the appeal disclosed no sustainable ground for interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order for transfer of residence to the J’s to take immediate effect