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The case concerned a child whose parents had separated shortly before birth. The child had been raised from birth by his grandmother, with fortnightly visits to each parent. Shortly after the child's third birthday, an application by his father was heard in the Family
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who agreed with the High Court, asserting that the Family Court had over-emphasised the importance of the status quo and should have given consideration to the general assumption that it is in a child's best interests to reside with their biological parents (a principle which was stated to have
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sought a residence order for the child, and he was supported by the child's mother in this application. The Family Court dismissed this application, on the advice of a social care manager, holding that there were no 'compelling reasons to disrupt continuity of care'.
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who overturned the decision, describing the previous court as having been 'distracted' by the continuity of the boy's grandmothers care for him, which was ultimately not of paramount importance.
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and the correct weighting of factors to be considered by a Family Court in making a residence order. The case was the first substantive appeal to be heard in the new
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erred by trying to derive a general principle regarding birth parents from Re G.
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