C (A Child), Re

C (A Child), Re

The judge's directions were set aside because the proceedings remained complex, the transfer was procedurally improper, made without notice or opportunity for representations, and contrary to applicable rules. The fact-finding hearing should remain in the county court.

Parties
Appellant: Father; First Respondent: Mother; Second Respondent: A (the child) by guardian ad litem Mrs Gould
Jurisdiction
England and Wales
Judgment Date
11 April 2008
Procedural Posture
Family Law Children Act Proceedings / Appeal From Directions Order in County Court
Outcome
Appeal allowed
Legal Topics
Transfer of Proceedings, Fact Finding Hearings, Procedural Fairness, Children Act 1989
Family Law Child Law Transfer of Proceedings Fact Finding Hearings Procedural Fairness Children Act 1989

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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Father

Appellant

Mother

First Respondent

A (the child) by guardian ad litem Mrs Gould

Second Respondent

Procedural Posture

Family Law Children Act Proceedings / Appeal From Directions Order in County Court

Legal Issues

  1. 1 Whether the county court judge erred in transferring the fact-finding hearing to the family proceedings court without a hearing or representations from the parties
  2. 2 Whether the complexity criterion for county court jurisdiction still applied
  3. 3 Whether procedural rules for transfer and notice were followed

Ratio Decidendi

The judge's directions were set aside because the proceedings remained complex, the transfer was procedurally improper, made without notice or opportunity for representations, and contrary to applicable rules. The fact-finding hearing should remain in the county court.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Directions of Judge Case dated 6 February 2008 set aside