CLB v SLB

CLB v SLB

The appeal is allowed only to the limited extent that the remit of the section 7 report was too narrow; an addendum report must consider F's expressed wishes in light of contact notes. All other grounds are refused as there was no evidential basis for fact-finding or appointment of a Guardian, and the judge's decisions were within her discretion based on the material presented.

Parties
Applicant: CLB; Respondent: SLB
Jurisdiction
England and Wales
Judgment Date
02 March 2021
Procedural Posture
Appeal / Judgment on Appeal Against Case Management Order
Outcome
Appeal allowed in part, refused in part
Legal Topics
Child Arrangements, Parental Alienation, Appointment of Children's Guardian, Case Management, Section 7 Report, Domestic Abuse, Procedural Irregularity
Family Law Child Arrangements Parental Alienation Appointment of Children's Guardian Case Management Section 7 Report Domestic Abuse Procedural Irregularity

Case Brief

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Parties

CLB

Applicant

SLB

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Case Management Order

Legal Issues

  1. 1 Whether the judge erred in refusing to order a fact-finding hearing on parental alienation and domestic abuse
  2. 2 Whether the judge erred in limiting the scope of the section 7 report to the child's wishes and feelings
  3. 3 Whether the judge erred in refusing to appoint a Children's Guardian under Rule 16.4 FPR

Ratio Decidendi

The appeal is allowed only to the limited extent that the remit of the section 7 report was too narrow; an addendum report must consider F's expressed wishes in light of contact notes. All other grounds are refused as there was no evidential basis for fact-finding or appointment of a Guardian, and the judge's decisions were within her discretion based on the material presented.

Court Disposition

Appeal allowed in part, refused in part

Orders

  • Application remitted to Central Family Court
  • Direction for addendum section 7 report by Islington to consider F's wishes in light of contact notes