T (A Child), Re

T (A Child), Re

There is no real prospect of success in appealing the residence decision as the trial judge applied the correct welfare test, considered all relevant evidence, and gave adequate reasons for her conclusions. However, there is a reasonable prospect of success in appealing the costs order, as the judge may have erred in her exercise of discretion by relying on what was 'fair in all the circumstances' rather than the established principles for costs in children proceedings.

Parties
Applicant: ST; Respondent: DT
Jurisdiction
England and Wales
Judgment Date
05 November 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused on residence and contact issues; granted on costs issue only.
Legal Topics
Child Residence, Contact Orders, Costs in Children Proceedings
Family Law Child Residence Contact Orders Costs in Children Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

ST

Applicant

DT

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the transfer of residence from mother to father was justified
  2. 2 Whether the costs order against the mother was a proper exercise of discretion

Ratio Decidendi

There is no real prospect of success in appealing the residence decision as the trial judge applied the correct welfare test, considered all relevant evidence, and gave adequate reasons for her conclusions. However, there is a reasonable prospect of success in appealing the costs order, as the judge may have erred in her exercise of discretion by relying on what was 'fair in all the circumstances' rather than the established principles for costs in children proceedings.

Court Disposition

Permission to appeal refused on residence and contact issues; granted on costs issue only.

Orders

  • Permission to appeal granted on the costs issue to be heard by two Lords Justices with a time-estimate of one hour.
  • No order for costs.