S (A Child), Re

S (A Child), Re

It was inappropriate for the judge to determine the issue of supervised contact without hearing oral evidence from both Cafcass officers, given their conflicting professional opinions and the material concerns raised. The process adopted deprived the mother of a fair hearing, and the judge failed to properly address the implications of the domestic violence findings and the relevant practice directions.

Parties
Appellant: A's Mother; Respondent: A's Father
Jurisdiction
England and Wales
Judgment Date
14 March 2012
Procedural Posture
Family Law Child Contact / Appeal From Interim Contact Order
Outcome
appeal allowed
Legal Topics
Child Contact, Domestic Violence, Case Management, Welfare Principle
Family Law Child Contact Domestic Violence Case Management Welfare Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

A's Mother

Appellant

A's Father

Respondent

Procedural Posture

Family Law Child Contact / Appeal From Interim Contact Order

Legal Issues

  1. 1 Whether the judge erred in ordering interim supervised contact without oral evidence from conflicting Cafcass officers
  2. 2 Whether the process adopted deprived the mother of a fair hearing
  3. 3 Whether the judge properly considered findings of domestic violence and relevant practice directions

Ratio Decidendi

It was inappropriate for the judge to determine the issue of supervised contact without hearing oral evidence from both Cafcass officers, given their conflicting professional opinions and the material concerns raised. The process adopted deprived the mother of a fair hearing, and the judge failed to properly address the implications of the domestic violence findings and the relevant practice directions.

Court Disposition

appeal allowed

Orders

  • Matter remitted to the county court for a determination of the issue between the Cafcass officers.