R (A Child), Re V [2008] EWCA Civ 1619 (17 July 2008)

R (A Child), Re V [2008] EWCA Civ 1619 (17 July 2008)

In private law children proceedings involving serious allegations of domestic violence, it is not appropriate for a judge to entertain a submission of no case to answer at a preliminary fact finding hearing; the judge must hear all available evidence before making findings relevant to the child's welfare.

Citation
[2008] EWCA Civ 1619
Parties
Appellant/mother: Ms Mandeep Kaur; Respondent/father: Father (name not specified)
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Appeal (family Law Private Law Children Proceedings) / Appeal From Preliminary Fact Finding Hearing Decision
Outcome
Appeal allowed
Legal Topics
Fact Finding Hearings, Domestic Violence, Children Act 1989, No Case to Answer Submissions, Child Welfare, Procedural Fairness
Family Law Child Law Fact Finding Hearings Domestic Violence Children Act 1989 No Case to Answer Submissions Child Welfare Procedural Fairness

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Parties

Ms Mandeep Kaur

Appellant/mother

Father (name not specified)

Respondent/father

Procedural Posture

Appeal (family Law Private Law Children Proceedings) / Appeal From Preliminary Fact Finding Hearing Decision

Legal Issues

  1. 1 Whether a judge in private law children proceedings can entertain a submission of 'no case to answer' at a preliminary fact finding hearing involving allegations of domestic violence.
  2. 2 Whether the judge erred in terminating the fact finding hearing without hearing all available evidence.

Ratio Decidendi

In private law children proceedings involving serious allegations of domestic violence, it is not appropriate for a judge to entertain a submission of no case to answer at a preliminary fact finding hearing; the judge must hear all available evidence before making findings relevant to the child's welfare.

Court Disposition

Appeal allowed

Orders

  • Order of HHJ Milligan set aside
  • Case remitted for retrial before a different judge