Source: All England Reporter
Publisher Citation: [2002] All ER (D) 554 (May)
Neutral Citation: [2002] EWCA Civ 846
Court: Court of Appeal, Civil Division
Judge:

Thorpe, Rix and Arden LJJ
Representation Jane Hoyal for the grandmother.
  Mira Chatterjee for the mother.
  Elisabeth Brann for the local authority.
  Joanna Hall for the guardian ad litem.
Judgment Dates: 16 May 2002

Catchwords

Family proceedings - Orders in family proceedings - Residence - Leave to apply for order - Contested care proceedings in respect of child - Application by grandmother for leave to be joined in proceedings - Judge refusing application - Whether judge in error - s 10(9).

The Case

In the instant case, where the grandmother of a child, the subject of contested care proceedings, had made an application for leave to be joined as a party and for a residence order, the judge ought to have allowed the grandmother's application so that whether she could be trusted to provide good enough parenting to avert the obvious second best of placement out of the family could be assessed through the process of trial, and most particularly her exposure in the witness box.

Practice Areas

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