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Family Law

The leading authority on all aspects of family law

14 DEC 2010

RESIDENCE: Re W (Residence: Leave to Appeal) [2010] EWCA Civ 1280

(Court of Appeal; Sir Nicholas Wall P; 18 November 2010)

The mother had refused to participate in the court process and was refusing to permit her child to have contact with the father. The father used drugs regularly. By the final hearing the mother had, over three years, failed to provide the child for 28 of the 34 contact sessions ordered.  The judge made a residence order in favour of the paternal grandmother. The judge dealt with the mother's disobedience of previous court orders by recording that he had made it clear to the mother that future breaches might lead to a sentence of immediate imprisonment. The mother sought leave to appeal.

Permission to appeal refused. The judge had not transferred residence to punish the mother, which would have been impermissible, but in the best interests of the child. The judge was entitled to decide this.

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