B (A Child)

B (A Child)

The judge was entitled to make the change of residence order based on the mother's repeated breaches, her stated unwillingness to comply, the CAFCASS officer's advice, and the need to protect the child's welfare and relationship with the father. The judge considered the welfare checklist and practicalities...

Source-derived case information.

Parties
Appellant: Ms H (Mother); Respondent: Father
Jurisdiction
England and Wales
Judgment Date
15 September 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Child Residence, Contact Orders, Enforcement of Court Orders, Welfare Checklist, Change of Residence
Family Law Child Residence Contact Orders Enforcement of Court Orders Welfare Checklist Change of Residence

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Parties

Ms H (Mother)

Appellant

Father

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in transferring residence of the child from mother to father
  2. 2 Whether the judge properly considered the welfare checklist and practicalities of change of residence
  3. 3 Whether the judge was entitled to make a residence order on an enforcement application

Ratio Decidendi

The judge was entitled to make the change of residence order based on the mother's repeated breaches, her stated unwillingness to comply, the CAFCASS officer's advice, and the need to protect the child's welfare and relationship with the father. The judge considered the welfare checklist and practicalities sufficiently, and the decision was within the range of value judgments open to the court.

Court Disposition

permission to appeal refused

Orders

  • Application for permission to appeal is refused.