ER v NT (Need for fact finding hearing)

ER v NT (Need for fact finding hearing)

The appeal was allowed because the judge failed to adequately identify welfare issues, analyse the nature and relevance of disputed allegations, and provide sufficient reasons for refusing a finding of fact hearing. The judge's reliance on limited admissions and the anger management course did not provide a...

Source-derived case information.

Parties
Appellant: ER; Respondent: NT
Jurisdiction
England and Wales
Judgment Date
09 September 2025
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Child Arrangements, Finding of Fact Hearings, Risk Assessment, Contact Orders
Family Law Child Welfare Domestic Abuse Coercive and Controlling Behaviour Child Arrangements Finding of Fact Hearings Risk Assessment Contact Orders

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Summary, issues, holding and outcome

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Parties

ER

Appellant

NT

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing a finding of fact hearing regarding allegations of domestic abuse and coercive control
  2. 2 Adequacy of reasons for dismissing the application for a finding of fact hearing
  3. 3 Failure to address Practice Direction 12J (PD12J) and relevant authorities

Ratio Decidendi

The appeal was allowed because the judge failed to adequately identify welfare issues, analyse the nature and relevance of disputed allegations, and provide sufficient reasons for refusing a finding of fact hearing. The judge's reliance on limited admissions and the anger management course did not provide a sufficient factual basis for risk assessment. The stark disparity between the father's admissions and the mother's allegations made a finding of fact hearing necessary and proportionate.

Court Disposition

appeal allowed

Orders

  • Matter remitted for a finding of fact hearing before a different Circuit judge
  • Interim contact regime with safeguards remains in place