A, B and C (Children) (Appeal: Practice Direction 12J) (Rev 1) [2020] EWFC B53 (20 April 2020)

A, B and C (Children) (Appeal: Practice Direction 12J) (Rev 1) [2020] EWFC B53 (20 April 2020)

The Magistrates' decision was plainly wrong because they failed to consider Practice Direction 12J despite clear allegations of domestic abuse, did not ensure completion of safeguarding checks, and made a consent order without proper analysis of risk or reasons, contrary to mandatory procedural requirements.

Citation
[2020] EWFC B53
Parties
Appellant/mother: Mrs X; Respondent/father: Mr Y
Jurisdiction
England and Wales
Judgment Date
20 April 2020
Procedural Posture
Children Act 1989 Proceedings (child Arrangements Order) / Appeal From First Instance (magistrates) Decision
Outcome
Appeal allowed; order of 27 November 2019 set aside
Legal Topics
Child Arrangements Orders, Domestic Abuse, Practice Direction 12 J, Safeguarding Checks, Appeals
Family Law Child Law Child Arrangements Orders Domestic Abuse Practice Direction 12 J Safeguarding Checks Appeals

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Parties

Mrs X

Appellant/mother

Mr Y

Respondent/father

Procedural Posture

Children Act 1989 Proceedings (child Arrangements Order) / Appeal From First Instance (magistrates) Decision

Legal Issues

  1. 1 Whether the Magistrates erred by failing to consider Practice Direction 12J in the presence of domestic abuse allegations
  2. 2 Whether safeguarding checks were properly completed before making the child arrangements order
  3. 3 Whether the consent order was properly scrutinised given the risk of harm

Ratio Decidendi

The Magistrates' decision was plainly wrong because they failed to consider Practice Direction 12J despite clear allegations of domestic abuse, did not ensure completion of safeguarding checks, and made a consent order without proper analysis of risk or reasons, contrary to mandatory procedural requirements.

Court Disposition

Appeal allowed; order of 27 November 2019 set aside

Orders

  • Order of 27 November 2019 set aside
  • No need to return matter for re-hearing as new proceedings are ongoing