X (DOB 2017) & Anor (Children), Re

X (DOB 2017) & Anor (Children), Re

The lower court's decision was set aside because it failed to consider all relevant evidence, including the appellant's statement, and did not properly address the relevance of coercive and controlling behaviour or the proportionality of a fact-finding hearing. However, upon review of all available evidence and admissions, a separate fact-finding hearing was deemed unnecessary and disproportionate, as the undisputed facts and professional recommendations provided a sufficient basis for determining child arrangements.

Parties
Appellant Mother: M; Respondent Father: F
Jurisdiction
England and Wales
Judgment Date
27 November 2025
Procedural Posture
Family Law Appeal / Appeal Against Case Management Decision
Outcome
Appeal allowed; lower court decision set aside; no separate fact-finding hearing ordered; case to proceed to final hearing.
Legal Topics
Domestic Abuse, Fact Finding Hearing, Case Management, Child Arrangements, Appeal Procedure
Family Law Child Law Domestic Abuse Fact Finding Hearing Case Management Child Arrangements Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

M

Appellant Mother

F

Respondent Father

Procedural Posture

Family Law Appeal / Appeal Against Case Management Decision

Legal Issues

  1. 1 Whether the lower court erred in refusing a fact-finding hearing regarding allegations of domestic abuse
  2. 2 Whether the lower court failed to consider all relevant evidence, including late-filed statements
  3. 3 Whether the lower court misapplied the law regarding the necessity and proportionality of a fact-finding hearing in the context of child arrangements

Ratio Decidendi

The lower court's decision was set aside because it failed to consider all relevant evidence, including the appellant's statement, and did not properly address the relevance of coercive and controlling behaviour or the proportionality of a fact-finding hearing. However, upon review of all available evidence and admissions, a separate fact-finding hearing was deemed unnecessary and disproportionate, as the undisputed facts and professional recommendations provided a sufficient basis for determining child arrangements.

Court Disposition

Appeal allowed; lower court decision set aside; no separate fact-finding hearing ordered; case to proceed to final hearing.

Orders

  • Lower court's decision refusing a fact-finding hearing is set aside.
  • No separate fact-finding hearing to be held; issue to be considered at final hearing if necessary.