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Re P (A child) (2005)

A shared residence order was made where it reflected the reality of the situation and where there were no compelling reasons for refusing to make such an order.

25 November 2005

The appellant father (F) appealed against the refusal of the judge to increase contact and to make a shared residence order in relation to his daughter (D). When F separated from the respondent mother (M) a residence order was made in her favour with D's time being divided between their two homes in almost equal proportions. F made an application for a shared residence order and for an equal division of the time D spent with him and M. The application was refused on the basis that it would not be of benefit to D to change the arrangement in relation to contact and if a shared residence order was awarded it might empower F to act in a way contrary to D's best interests. HELD: Appeal allowed in part. (1) It was a permissible exercise of the judge's discretion to conclude that it would be wrong to order an extension of the time D spent with F. (2) In relation to the shared residence order, it was difficult to see what the anxieties were that drove the judge to conclude that a shared...

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