L (Children) [2012] EWCA Civ 1923 (15 November 2012)

L (Children) [2012] EWCA Civ 1923 (15 November 2012)

There was no procedural unfairness or irregularity in the conduct of the fact-finding hearing. The judge's decision not to call expert and professional witnesses for oral evidence was within the margin of discretion. The Scott schedule and exhibits issues did not result in any detriment to the mother. The judge's evaluation of the evidence was thorough and proportionate. No arguable ground for appeal was established.

Citation
[2012] EWCA Civ 1923
Parties
Applicant Mother: MML; Respondent Father: MM; Respondent Children: J and M (Children)
Jurisdiction
England and Wales
Judgment Date
15 November 2012
Procedural Posture
Private Law Children Proceedings (welfare/contact) / Applications for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Applications for permission to appeal refused.
Legal Topics
Contact Orders, Fact Finding Hearings, Procedural Fairness, Expert Evidence, Appeals, Case Management Discretion
Family Law Child Law Contact Orders Fact Finding Hearings Procedural Fairness Expert Evidence Appeals Case Management Discretion

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Parties

MML

Applicant Mother

MM

Respondent Father

J and M (Children)

Respondent Children

Procedural Posture

Private Law Children Proceedings (welfare/contact) / Applications for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the fact-finding hearing was procedurally unfair due to exclusion of oral evidence from experts and professionals
  2. 2 Whether the judge erred in evaluating the evidence and dismissing the allegations of sexual abuse
  3. 3 Whether the mother's Scott schedule and exhibits were properly before the court

Ratio Decidendi

There was no procedural unfairness or irregularity in the conduct of the fact-finding hearing. The judge's decision not to call expert and professional witnesses for oral evidence was within the margin of discretion. The Scott schedule and exhibits issues did not result in any detriment to the mother. The judge's evaluation of the evidence was thorough and proportionate. No arguable ground for appeal was established.

Court Disposition

Applications for permission to appeal refused.

Orders

  • All three applications for permission to appeal are refused.