Re E-R (a child) (Child arrangements order: existence of natural parent presumption)

Family proceedings – Orders in family proceedings. The appellants appealed against a child arrangements order, which provided for a child, T, to move to live with her father and his partner and, thereafter, to have extensive contact with the appellants, with whom T and her mother had been living. The unusual feature of the case was that the variation of T's living arrangements provided for by the order were to take effect only upon the anticipated death of T's mother. The Court of Appeal, Civil Division, held that the judge had wrongly conducted his analysis of T's best interests on the basis that there was a presumption in law in favour of a natural parent. On that basis alone, the appeal had to be allowed.

Category: