F v G

F v G

The appeal was allowed because the trial judge made findings of fact and terminated direct contact based on disputed allegations without a fact finding hearing, relied on Cafcass recommendations not grounded in formally established facts, and failed to adequately consider the harm of terminating contact or alternative arrangements.

Parties
Appellant: F; Respondent: Respondent
Jurisdiction
England and Wales
Judgment Date
07 September 2020
Procedural Posture
Family Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Child Arrangements, Parental Responsibility, Contact Orders, Domestic Abuse Allegations, Fact Finding Hearings
Family Law Child Arrangements Parental Responsibility Contact Orders Domestic Abuse Allegations Fact Finding Hearings

Case Brief

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Parties

F

Appellant

Respondent

Respondent

Procedural Posture

Family Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in making findings of fact without a fact finding hearing
  2. 2 Whether the judge was wrong to terminate direct contact between father and children
  3. 3 Whether sufficient weight was given to previous US court assessments and orders

Ratio Decidendi

The appeal was allowed because the trial judge made findings of fact and terminated direct contact based on disputed allegations without a fact finding hearing, relied on Cafcass recommendations not grounded in formally established facts, and failed to adequately consider the harm of terminating contact or alternative arrangements.

Court Disposition

Appeal allowed

Orders

  • Order set aside
  • Case remitted for rehearing before a different judge