The mother applied for but was refused, a residence order. The judge had questioned the need for an order, feeling that section 1(5) raised a presumption against making an order.
Held: The appeal succeeded. There was no such presumption. The section asked the court only to ask itself whether an order would be better for a child than making no order at all.
Judges:
Ward LJ, Clarke LJ, Neuberger LJ
Citations:
Times 14-Sep-2005
Statutes:
Jurisdiction:
England and Wales
Children
Updated: 22 May 2022; Ref: scu.230364
