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Family Law

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Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

31 JUL 2012

RESIDENCE:Re S [2012] EWCA Civ 1031

(Court of Appeal, Black, Norris LJJ, Sir Mark Potter, 24 July 2012)

The father appealed the grant of a residence order to the mother in respect of their young child. The mother suffered from post-natal depression and had been cautioned for violent behaviour towards the father. The parents agreed for child to live with father on weekends. The local authority assessed mother as presenting no continuing risk to the child but the father disagreed and sought a prohibited steps order to prevent the mother from relocating with the child.

A welfare report found there were no concerns regarding the mother's mental health - Contact with the father was increased to 3 days per week and a residence order in favour of the mother was granted.

Appeal dismissed. The judge had applied to correct paramountcy of welfare test and had rightly identified the mother as the child's primary carer thus far.


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