S (A Child), Re

S (A Child), Re

The judge failed to provide adequate, evidence-based reasons for refusing the father's application for supervised direct contact and for rejecting the CAFCASS officer's recommendation, instead appearing to apply a blanket objection to long-term supervised contact, which is wrong in law.

Parties
Appellant/father: AP; Respondent/mother: Mother (name not provided)
Jurisdiction
England and Wales
Judgment Date
07 July 2015
Procedural Posture
Family Law Child Arrangements / Appeal From Family Court Decision
Outcome
Appeal allowed; matter remitted for rehearing
Legal Topics
Child Arrangements Order, Contact With Non Resident Parent, Supervised Contact, Welfare of the Child, Appeal Procedure
Family Law Child Law Child Arrangements Order Contact With Non Resident Parent Supervised Contact Welfare of the Child Appeal Procedure

Case Brief

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Parties

AP

Appellant/father

Mother (name not provided)

Respondent/mother

Procedural Posture

Family Law Child Arrangements / Appeal From Family Court Decision

Legal Issues

  1. 1 Whether the judge adequately explained reasons for departing from CAFCASS recommendation for supervised direct contact
  2. 2 Whether the judge wrongly applied a blanket principle against long-term supervised contact
  3. 3 Whether there was evidential basis for finding that contact would disturb the child or mother

Ratio Decidendi

The judge failed to provide adequate, evidence-based reasons for refusing the father's application for supervised direct contact and for rejecting the CAFCASS officer's recommendation, instead appearing to apply a blanket objection to long-term supervised contact, which is wrong in law.

Court Disposition

Appeal allowed; matter remitted for rehearing

Orders

  • Matter to be listed for urgent directions before the Designated Family Judge for Cambridge