The mother sought leave to appeal against an order granting residence of her daughter to the paternal grandparents.
Held: The application failed. To make an order, the court had to be satisfied that the substantive appeal had a reasonable prospect of success, or that there other compelling reasons for hearing an appeal. The making of a residence order is a matter of discretion, applying the welfare check-list. The appellant had a long history of refusal herself to comply with court orders, and of lies to the court and welfare officers, but ‘The mother’s conduct is about as bad as it is possible to get, but that is not necessarily a basis for removing P from her care.’ Even so, the judge’s decision was based on the child’s welfare and was unappealable.
Judges:
Sir Nicholas Wall P
Citations:
[2010] EWCA Civ 1280
Links:
Jurisdiction:
England and Wales
Children
Updated: 26 August 2022; Ref: scu.426028