B v G — High Court refused permission on eight grounds and dismissed the appeal on the arguable ground

Case
B v G (Test for Appeal)
Court
High Court of Justice, Family Division (United Kingdom)
Judge
Sarah Lieven (Queen Elizabeth II, 2019)
Date Decided
22 October 2026
Citation
[2026] EWHC 2668 (Fam)
Topics
Child arrangements, Transfer of residence, Permission to appeal, Child welfare

Background

The case concerned O, a nine-year-old boy who lived with his mother and whose direct contact with his father had been suspended by the mother in July 2025. Neither the police nor the local authority had substantiated her safeguarding concerns about the father. After the father sought enforcement of an earlier child-arrangements order, the local authority ultimately recommended that O’s residence be transferred to him.

At a dispute resolution appointment, Recorder Ranjit Singh heard evidence and cross-examination from the social worker but not from either parent. He ordered O to move to his father “forthwith,” while granting a stay so the mother could seek permission to appeal. She advanced nine grounds, including insufficient consideration of O’s wishes, his sibling relationship, both parents’ mental health, the father’s parenting capacity, procedural fairness, and the departure from the local authority’s proposed two-week transition plan.

The Court’s Holding

Mrs Justice Lieven refused permission to appeal on eight grounds. She held that the Recorder had carefully considered O’s wishes and feelings, his relationship with his half-brother, the risks and benefits of changing residence, and both parents’ circumstances. Although another judge might have reached a different welfare judgment, the Recorder’s decision fell within the range of reasonable conclusions and therefore was not “wrong” under the appellate test.

The court granted permission on the ground concerning the departure from the local authority’s transition plan because the absence of clearly stated reasons made that issue arguable, but it dismissed the appeal on that ground. The mother’s stated unwillingness to cooperate made a gradual transition impracticable, and an immediate transfer was reasonably regarded as less likely to expose O to a prolonged, emotionally fraught conflict. Lieven J ordered O to move to his father that afternoon, provided for contact with the mother, and directed a review in approximately six weeks.

The court also rejected the procedural challenge. A dispute resolution appointment may determine the dispute and may include a transfer of residence where fairness requirements are met. The mother and her advisers had notice of the social worker’s recommendation, neither side sought parental evidence before the Recorder, and the transfer was intended as a temporary measure to rebuild O’s relationship with his father rather than as a final placement decision.

Key Takeaways

  • An appellate court will not overturn a child-welfare evaluation merely because another judge could reasonably have reached a different conclusion; the lower court’s decision must be wrong or procedurally unjust.
  • A court may transfer a child’s residence at a dispute resolution appointment, including on an interim basis, provided the parties have notice and procedural fairness is observed.
  • Departure from a local authority transition plan should be explained, but an immediate transfer may still be justified where parental non-cooperation would make a staged transition unworkable or more harmful.

Why It Matters

The judgment underscores the limited scope of appellate intervention in fact-sensitive Children Act welfare decisions. Decisions from other “parental alienation” cases offer limited assistance because the controlling inquiry remains the welfare and best interests of the particular child under the statutory checklist.

It also confirms that a transfer of residence is not necessarily punitive merely because one parent has obstructed contact. The critical question is whether the transfer serves the child’s welfare, with attention to the child’s existing relationships, the proposed carer’s capacity, available support, and the practical consequences of the transition.

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