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Decision to Return Bullied Child Not Unreasonable

It is a fundamental principle of family law that the courts will always put the welfare of a child first in making any decision about where the child should live.

However, it is also an established legal principle that when a lower court makes a judgment on a matter of fact, that judgment will not normally be overturned on appeal unless it is outside the range of reasonable decisions.

This creates problems when controversial decisions are reached as a result of the courts taking a different view of circumstances from other professionals.

In a recent case, the Court of Appeal was asked to reconsider a decision of the Family Court that a child who had complained of being bullied by his half-brother and cousin and being hit by his mother should be returned to his mother's care, despite a social worker's recommendation that he remain with his father after a contact visit.

Upholding the Family Court's decision, the Court of Appeal ruled that it was not unreasonable on the facts presented.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.