E (A Child), Re

E (A Child), Re

The judge erred procedurally by expressing views on contact without hearing argument from the parties after fact-finding. The findings of fact stand, but the issue of contact must be determined by a different judge, disregarding the impugned paragraphs of the original judgment.

Parties
Subject: E (a Child); Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
20 August 2009
Procedural Posture
Appeal / Judgment on Appeal From County Court Fact Finding and Contact Proceedings
Outcome
Appeal allowed
Legal Topics
Contact Orders, Domestic Violence, Judicial Recusal, Procedural Fairness
Family Law Child Law Contact Orders Domestic Violence Judicial Recusal Procedural Fairness

Case Brief

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Parties

E (a Child)

Subject

Father

Appellant

Mother

Respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court Fact Finding and Contact Proceedings

Legal Issues

  1. 1 Whether the judge erred in expressing views on contact without hearing argument after fact-finding
  2. 2 Whether the judge should have recused himself for apparent bias
  3. 3 Proper procedure following fact-finding in child contact cases

Ratio Decidendi

The judge erred procedurally by expressing views on contact without hearing argument from the parties after fact-finding. The findings of fact stand, but the issue of contact must be determined by a different judge, disregarding the impugned paragraphs of the original judgment.

Court Disposition

Appeal allowed

Orders

  • Application granted
  • Appeal allowed