It is not a general principle in custody cases that, all other
things being equal, a young child ought to be with its mother.
Thompson v Thompson (1986) 150 J P 686 CA
Where allegations are made it is plainly wrong in law to make an interim custody
order without a welfare report.
W (a minor) The Times 13 Nov 1986
If a welfare officer's report was to be of any assistance it was of'the utmost
importance that the officer saw the child in both parents' homes and observed
theist relationship with each parent.
W (a minor) (1982) 126 Sol Jo 725 CA; 13 Fam Law 47
NOTE: By implication this report should cover the child's relationship with
step-parents.
Pountney v Morris (1984) FLR 381
Mother went to woman's refuge! and as a result had to change schools. There
was evidence that father was available and competent to look after the children
himself, and their welfare required that they return to the matrimonial home
-custody to father.
W v W (1983) FLR 686
The judge has a prima-facie duty to weigh the evidence and make specific findings
of fact rather than rely on an overall impression. The parent's evidence had
been in conflict on a number of important issues (relationship between parents
and children, father's caring role. mother's relationship with another man)
and the judge had failed to make findings of fact on those issues. Without findings
of fact there was no way of knowing if the judge's impression was right or wrong.
Retrial ordered.
M v M, (1988) 1 FLR 255
The court has to discharge its discretionary duty judicially. It cannot be
seen to do so if comments are made which might lead one of the parents to think
that he or she had been prejudged before giving evidence.
M v M, (1988) 1 FLR 255
David Cannon
First issued January 1989