G-C (A Child)

G-C (A Child)

The appeal was allowed because the judge made procedural errors: he failed to provide sufficient reasons for departing from the Cafcass Officer’s oral recommendation, made adverse findings against the mother without hearing her oral evidence, did not properly consider the need for expert evidence, and imposed a prohibited steps order without adequate investigation.

Parties
Appellant Mother: Miss Graham; Respondent Father: Mr Cull
Jurisdiction
England and Wales
Judgment Date
27 February 2013
Procedural Posture
Family Law Child Contact / Appeal From County Court Decision
Outcome
Appeal allowed; order set aside; matter remitted for rehearing with expert assessment.
Legal Topics
Child Contact, Procedural Fairness, Expert Evidence, Prohibited Steps Order
Family Law Child Contact Procedural Fairness Expert Evidence Prohibited Steps Order

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Graham

Appellant Mother

Mr Cull

Respondent Father

Procedural Posture

Family Law Child Contact / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the judge erred procedurally in making a staying contact order and a prohibited steps order without sufficient reasoning or evidence
  2. 2 Whether the judge failed to consider the Cafcass Officer's oral recommendation and the mother's anxieties
  3. 3 Whether the judge failed to allow oral evidence from the mother before making adverse findings

Ratio Decidendi

The appeal was allowed because the judge made procedural errors: he failed to provide sufficient reasons for departing from the Cafcass Officer’s oral recommendation, made adverse findings against the mother without hearing her oral evidence, did not properly consider the need for expert evidence, and imposed a prohibited steps order without adequate investigation.

Court Disposition

Appeal allowed; order set aside; matter remitted for rehearing with expert assessment.

Orders

  • Order of 20 December set aside
  • Application to be relisted for rehearing