Source: All England Reporter
Publisher Citation: [2007] All ER (D) 147 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Thorpe LJ and Lawrence Collins J

Judgment Dates: 8 November 2007

Catchwords

Family proceedings - Orders in family proceedings - Residence order - Child being conceived as result of adulterous relationship between mother and J - J and wife being joined to existing care proceedings subsequent to J learning of child's paternity - J and wife seeking residence order - Mother failing to attend trial - Guardian and counsel for mother indicating mother making threats of violence and abduction should residence order be made - Judge refusing residence order - Whether judge erring.

The Case

The judge had been in error in refusing to grant a residence order in favour of the child's biological father and his wife in the face of threats of violence and abduction by the mother, communicated by the guardian and her counsel. The judge had had no opportunity to assess the mother and make a judgment as to whether the threats had been wild talk or notice of a dangerous intent. For those reasons it would be unsafe to allow the judge's order to be confirmed. A retrial would be ordered.

Practice Areas

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