G (Children)

G (Children)

The judge's decision to vary the shared residence order and terminate contact was procedurally unfair and premature, particularly given the lack of application for variation, the late emergence of the guardian's recommendation, and the absence of further expert assessment by Dr Asen. The appeal is allowed, the order set aside, and the matter remitted for retrial with directions for expert re-engagement.

Parties
Appellant: CW; 1st Respondent: CG; 2nd Respondent: MG
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Appeal / Judgment on Appeal From Truro County Court
Outcome
Appeal allowed; order set aside; retrial ordered
Legal Topics
Residence Orders, Contact Orders, Parental Responsibility, Procedural Fairness
Family Law Residence Orders Contact Orders Parental Responsibility Procedural Fairness

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Parties

CW

Appellant

CG

1st Respondent

MG

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal From Truro County Court

Legal Issues

  1. 1 Whether the judge erred in substituting a sole residence order for a shared residence order, thereby depriving CW of parental responsibility
  2. 2 Whether the judge was wrong not to pursue direct contact further or to adjourn for further expert involvement

Ratio Decidendi

The judge's decision to vary the shared residence order and terminate contact was procedurally unfair and premature, particularly given the lack of application for variation, the late emergence of the guardian's recommendation, and the absence of further expert assessment by Dr Asen. The appeal is allowed, the order set aside, and the matter remitted for retrial with directions for expert re-engagement.

Court Disposition

Appeal allowed; order set aside; retrial ordered

Orders

  • Paragraph 1 of the judge's order set aside
  • Application remitted for retrial by Baker J