Key Facts
- •Father appealed Recorder Patel's decision refusing a Child Arrangements Order to transfer custody of 9.5-year-old S from Mother to Father.
- •Extensive litigation history between parents since 2015.
- •Previous fact-finding hearing (DJ Dodds) found against Father, noting his 'dictatorial and obsessive' behaviour.
- •Child made allegations of physical abuse against Father.
- •Guardian recommended change of residence to Father, but also a 3-4 month contact break between S and Mother.
- •Expert psychological report (Dr. Arora) recommended against change of residence due to potential emotional trauma for S.
- •Judge considered evidence from parents, Guardian, expert, and Father's partner.
- •Judge ultimately refused the transfer of residence, prioritizing S's short-term well-being and potential harm from the move.
Legal Principles
Appeal court will allow an appeal if the lower court's decision was wrong or unjust due to a serious procedural irregularity.
FPR 30.12
Appellate courts should not interfere with findings of fact by trial judges unless compelled to do so.
Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5
The trial judge is in a better position to assess evidence than an appeal judge.
Piglowska v Piglowski [1999] 1 WLR 1360; Re H-W (Children) [2022] UKSC 17
Judgment must be read as a whole; avoid narrow textual analysis.
Volpi and another v Volpi [2022] EWCA Civ 464
A judge's decision on child's best interests is not overturned unless no reasonable judge could have reached it.
Volpi and another v Volpi [2022] EWCA Civ 464
Whether a parent alienated a child is a question of fact, not a diagnosis; focus on specific behavior and impact.
Re C (President of the Family Division)
Judges can depart from expert opinions with adequate reasons.
Re B (Care Expert Witnesses) [1996] 1 FLR 667
Outcomes
Appeal dismissed.
The Judge's decision was within his discretion and based on a reasonable weighing of evidence, including the child's wishes and feelings, the risk of harm from a move, and the lack of guarantee that the proposed intervention would improve the relationship with the Father.