Source: All England Reporter
Publisher Citation: [2002] All ER (D) 412 (Jul)
Court: Court of Appeal, Civil Division

Thorpe LJ and Ferris J

Representation Brian Jubb for the mother.
  The father appeared in person.
Judgment Dates: 26 July 2002


Family proceedings - Orders in family proceedings - Residence order - Shared residence order - Residence order in respect of two children in favour of father - Contact arrangements allowing younger child to spend half of week with mother - Mother seeking shared residence order in respect of younger child to reflect reality of situation - Judge refusing to grant shared residence order - Whether judge in error.

The Case

Orders made in courts of trial should above all reflect the realities of a situation. In the instant case, the judge's order granting the father a sole residence order in respect of a child, with the mother having staying contact for four nights a week, would be varied to a shared residence order to reflect the reality of the situation.

Practice Areas

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