Re R (a Child)

In child residence disputes, sustained parental co-operation and a period of calm may serve the child’s best interests more effectively than continued litigation. Where circumstances have improved and practical arrangements are working, an applicant may responsibly withdraw an application for permission to appeal. The withdrawal does not determine the underlying merits unless the court expressly does so.

The father sought permission to appeal from orders made by His Honour Judge Bartfield in Sheffield County Court. The judge had rejected his application for their son J to live with him and had directed that he could not apply for a residence order for two years.

By the hearing in the Court of Appeal, the parents had made substantial progress in their relationship. They had agreed Christmas arrangements, and contact had been extended and was working satisfactorily. The father accepted that a period of calm was beneficial to J and withdrew his application for permission to appeal.

Application for permission to appeal withdrawn and withdrawal approved.

1. The Court of Appeal recorded the substantial improvement in the parents’ relationship, including constructive communication, sensible agreement about Christmas contact and satisfactory operation of the extended contact arrangements.
2. Lord Justice Ward considered that the father had responsibly recognised the value of allowing a period of calm for matters to settle. Co-operation between the parents was more likely to promote J’s welfare than continued attempts to resolve the difficulties through the courts.
3. The court emphasised that the relevant objective was to do what was in J’s best interests. It expressed the hope that both parents would continue their co-operation and build mutual confidence in managing the difficulties in J’s life.
4. The application for permission to appeal was withdrawn with the court’s approval. The judgment did not determine the merits of the proposed appeal or alter the orders made below.

• Court of Appeal (Civil Division): The father withdrew his application for permission to appeal, and the withdrawal was approved. [2000] EWCA Civ 406
• Sheffield County Court: His Honour Judge Bartfield rejected the father’s application that J should live with him and ordered that he could not make an application for a residence order for two years.