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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34588
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Are there any specific cases where a Judge rejected an

Resolved Question:

Are there any specific cases where a Judge rejected an application to appeal Magistrates decisions or orders?I just had a child arrangement orders case heard by Magistrates. The Magistrates ruled in my favour that my 4 years old is allowed to spend an extra night every fortnight with me.My ex is in unhappy with the decision and is appeal (just becasuse she can and to make my life difficult).She is using soliciors and a Barristers to represent her. I just read through their court bundle and the basis of their appeal is that the Magistrates were not competent and should have heard more details/evidence from both sides before ruling.The barrister takes excerpts of former custody cases to prove that the judge should infact overturn the Magistrates ruling and allow the appeal.I would like one or two examples in which a Judge ruled in favour of not allowing a person to appeal.. Does this exist?Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

What evidence did the Magistrates hear?

Customer: replied 1 year ago.
Simply that overnight visits were not being had.. the mother had denied overnight visitations, as she felt she was best to care for the children since she was the mother if they wake in the middle of the night. That she needs to check his homework Sunday nights so he shouldn't sleep over... over protective mother issues basically
Expert:  Clare replied 1 year ago.

My apologies - I meant who gave evidence and was questioned?

Customer: replied 1 year ago.
We gave evidence... her main issue was the court decided against a CAFCASS decision for me to take kids on holiday.
Expert:  Clare replied 1 year ago.

Did the CAFCASS officer give evidence?

Customer: replied 1 year ago.
she based her assessment on some Australian studies that suggest children under the age of four are mentally traumatized if they spend nights away from the nonresident parent.This is actually a hot topic on the web.. young children and nights with non resident parent..
Expert:  Clare replied 1 year ago.

Actually that is not what the Research says- the Australian research was about compulsory 50/50 shared care - and no that is not great - it was Penelope Leach who argued that there shoudl be bo overnight contact - which frankly is daft as much depends on the relationship between the child and the parent.

Has the child EVER spent the night with someone other than mum?

Customer: replied 1 year ago.
Sorry to clarify two children aged 3 and 7. Think I said 4 years old because research is under 5 years old.The 7 year old has spent several night away from his mom.. at sleep over parties. And we split fora year when he was two.. he had two nights every fortnight with me.The 3 year old has never spent a might outside his home except on holiday. And not left the care of his mother or me
Expert:  Clare replied 1 year ago.

How many nights has the youngest spent with you?

Customer: replied 1 year ago.
Since we split in Jan ... 5 nights as ordered by the courts in may... prior to Jan I lived in family home. Jan till may only day time contact
Customer: replied 1 year ago.
Is it easier for a phone call.. would not be until 7pm ish if possible
Expert:  Clare replied 1 year ago.

My apologies for the delay

In fact most appeals are NOT successful and accordingly are not reported at all

This is not a matter where you need legal precedents to quote in the same way that the other side does.

They have to prove that the Magistrates acted inappropriately and did not consider the evidence properly.

Given that they heard evidence from both of you and the CAFCASS officer it is not clear what other evidence they should have sought.

They did go against the CAFCASS officer - but if she was inexperienced and they were experienced that is not a problem.

As I said the research she refers to is misquoted and not relevant given that you have been a major part of both their lives

Rather than case law look at the research - and find the flaws in their arguments!

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Excellent Response.. Thanks
Expert:  Clare replied 1 year ago.

You are most welcome I hope all goes well