R (A Child), Re V

It is inappropriate, save in the rarest of cases, for a judge in private law children proceedings to entertain a submission of no case to answer at a fact finding hearing involving allegations of domestic violence. The judge must hear all available evidence to properly discharge the duty to determine the child's best interests.

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

Family Law Child Law Fact Finding Hearings Domestic Violence No Case to Answer Submissions Children Act 1989 Procedural Fairness

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Parties

Ms Mandeep Kaur

Appellant/mother

Father (name not provided)

Respondent/father

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Retrial directed before a different judge
Allocation of the case to be managed by the designated family judge in Hampshire (HHJ Marston)