C (A Child), Re

C (A Child), Re

The orders for a psychological assessment of the father were made without compliance with the statutory scheme and procedural code governing expert evidence in family proceedings, resulting in procedural unfairness and unlawfulness. The orders must be set aside and the case remitted for proper case management.

Parties
Appellant: A Father; Respondent: A Mother
Jurisdiction
England and Wales
Judgment Date
10 June 2015
Procedural Posture
Family Law Private Children Proceedings / Appeal From Family Court and Review of Magistrates' and Circuit Judge's Orders
Outcome
Appeal allowed; orders set aside; case remitted for proper case management.
Legal Topics
Expert Evidence, Procedural Fairness, Children's Welfare, Costs Orders
Family Law Civil Procedure Expert Evidence Procedural Fairness Children's Welfare Costs Orders

Case Brief

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Parties

A Father

Appellant

A Mother

Respondent

Procedural Posture

Family Law Private Children Proceedings / Appeal From Family Court and Review of Magistrates' and Circuit Judge's Orders

Legal Issues

  1. 1 Whether the magistrates and circuit judge erred in law and procedure by ordering a psychological assessment of the father without compliance with statutory and procedural requirements
  2. 2 Whether the process adopted was fair to the litigant in person father
  3. 3 Whether the orders regarding expert evidence and costs were lawful

Ratio Decidendi

The orders for a psychological assessment of the father were made without compliance with the statutory scheme and procedural code governing expert evidence in family proceedings, resulting in procedural unfairness and unlawfulness. The orders must be set aside and the case remitted for proper case management.

Court Disposition

Appeal allowed; orders set aside; case remitted for proper case management.

Orders

  • Clause 2 of the order of 21 November 2014 set aside
  • The whole of the order of Judge Scarratt of 23 January 2015 set aside