A v R & Anor

The appeal was allowed because the judge made a final child arrangements order without hearing submissions from the parties on the merits, amounting to a serious procedural irregularity. Additionally, the judge erred by refusing a short adjournment to allow a properly constituted application for a replacement expert after the jointly instructed expert failed to comply with instructions.

Parties: Appellant: A; First Respondent: R; Second Respondent: T
Jurisdiction: England and Wales
Judgment Date: 21 March 2018
Procedural Posture: Family Appeal / Judgment on Appeal
Outcome: Appeal allowed
Legal Topics: Child Arrangements, Expert Evidence, Procedural Fairness, Appeals, Contact Orders

Family Law Child Arrangements Expert Evidence Procedural Fairness Appeals Contact Orders

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2

Parties

Appellant

First Respondent

Second Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

1 Whether the judge erred by making a final child arrangements order without hearing submissions on the merits
2 Whether the judge erred by refusing an adjournment to allow a properly constituted application for a replacement expert
3 Whether there was serious procedural irregularity in the conduct of the hearing

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Matter to be listed before a judge of the Family Division for further directions towards a final hearing, including consideration of a further Part 25 application