Source: All England Reporter
Publisher Citation: [2001] All ER (D) 349 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Dame Elizabeth Butler-Sloss P, Ward LJ

Representation Nigel Byer for the mother.
  Charles Howard QC and Harry Oliver for the father.
Judgment Dates: 22 November 2001

Catchwords

Family proceedings - Orders in family proceedings - Contact - Judge making order for shared contact - Judge ordering father to pay mother's costs - Whether judge in error.

The Case

An order for shared contact was not known to law and had to be discharged. In the instant case, the judge had been in error in that he had failed to distinguish between a residence order and a contact order. The whole of the judge's order would, therefore, be set aside and in the interim, the child would reside with the father whilst staying contact with the mother would be generous.

Practice Areas

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