The father sought leave to appeal against an order made on his application for contact. The mother appeared to have encouraged great hostility in the children toward the father. The court had decided that the children were aroaching ages when they would make their own decisions.
Held: Leave was refused. The judge’s decision had been a discretionary one. The judge ‘knew the case well, and recognised that she had reached the end of the road. There is no evidence that she made any error of law in the exercise of her discretion, and the factors she weighed in the balance are all, in my judgment, appropriate. Furthermore, it seems to me that although tersely expressed, the reasons for her decision are sufficient, and adequately explained.’
Wall LJ
[2008] EWCA Civ 1181
Bailii
England and Wales
Citing:
Cited – Re M (Threshold Criteria: Parental Concessions) CA 1999
In care proceedings the court is not constrained to take the shortest route to an uncontested disposal. Though, the court identified as a general principle ‘there should be no unnecessary litigation in the courts’. . .
Cited – Oxfordshire County Council v DP and others; By his children’s guardian FD 20-Jul-2005
In an application for a care order, McFarlane J, after listing a number of authorities, identified nine factors which needed to be borne in mind before deciding whether or not to conduct a fact-finding hearing. They were:- (1) the interests of the . .
Cited – In re T (a Child) (Contact: Alienation: Permission to Appeal) CA 24-Oct-2002
After a judgment the parties sought to appeal.
Held: The judge had failed to make a finding on a critical issue in the case, namely whether or not the mother of the child concerned had ‘even if prompted only at a subconscious level, . .
Cited – In re M-M (A Child) CA 16-May-2007
There had been an unexplained injury to the child. A doctor who had been instructed to advise on whether or not a child suffered from osteogenesis imperfecta recommended an expensive test to confirm his diagnosis. The judge refused to order the . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 October 2021; Ref: scu.277359
