| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 96 (Apr) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Thorpe, Hughes and McFarlane LJJ (judgment delivered extempore) |
| Representation | Daniel Pitt for the grandmother. |
| Caroline Bryant for the mother. | |
| Judgment Dates: | 20 April 2012 |
Catchwords
Family proceedings - Orders in family proceedings - Residence order - Grandmother and mother both applying for residence order - Hearing being listed for contact arrangements - Limited evidence being placed before judge and no oral argument heard - Judge making residence order in favour of mother - Whether judge acting prematurely - Whether judge erring in making order.
The Case
Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, allowed a grandmother's appeal against a residence order made in favour of the child's mother, holding that the judge had acted too quickly in granting such an order at a contact hearing when she had not had sufficient evidence on residence and had not heard oral argument from the parties.
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