P-G (Children) V

P-G (Children) V

The findings of fact must be set aside because the trial judge relied on section 7 reports that were subsequently found to be biased, unfair, and containing false statements, rendering the process unfair and the findings unsafe.

Parties
Subject Children: P-G (Children); Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
29 July 2015
Procedural Posture
Private Law Children Proceedings / Appeal From Fact Finding Hearing
Outcome
Appeal allowed; findings of fact set aside; case remitted for urgent case management before a different judge.
Legal Topics
Fact Finding Hearings, Children Act 1989, Section 7 Reports, Contact Arrangements, Judicial Reasoning
Family Law Fact Finding Hearings Children Act 1989 Section 7 Reports Contact Arrangements Judicial Reasoning

Case Brief

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Parties

P-G (Children)

Subject Children

Father

Appellant

Mother

Respondent

Procedural Posture

Private Law Children Proceedings / Appeal From Fact Finding Hearing

Legal Issues

  1. 1 Whether the findings of fact made by the trial judge were perverse and should be set aside
  2. 2 Whether reliance on flawed section 7 reports rendered the fact-finding process unfair
  3. 3 Whether a further fact-finding hearing is necessary for determining contact

Ratio Decidendi

The findings of fact must be set aside because the trial judge relied on section 7 reports that were subsequently found to be biased, unfair, and containing false statements, rendering the process unfair and the findings unsafe.

Court Disposition

Appeal allowed; findings of fact set aside; case remitted for urgent case management before a different judge.

Orders

  • Findings of fact set aside.
  • Applications remitted to a different judge for urgent case management.