D (Children), Re [2015] EWFC 85 (05 November 2015)

D (Children), Re [2015] EWFC 85 (05 November 2015)

The findings of fact by the district judge are set aside due to procedural deficiencies, lack of legal representation, and reliance on disputed evidence. The case is remitted for a fresh hearing before a circuit judge with judicial continuity. Immediate removal of the children from the mother to the father is refused as not in the children's best interests without further investigation.

Citation
[2015] EWFC 85
Parties
Respondent: Mother; Applicant: Father; Subject Children: Children (by Guardian)
Jurisdiction
England and Wales
Judgment Date
05 November 2015
Procedural Posture
Children Act 1989 Proceedings (intractable Contact) / Appeal Against Findings of Fact; Directions Hearing
Outcome
Appeal allowed; findings of fact set aside; case remitted for rehearing; immediate change of residence refused.
Legal Topics
Intractable Contact, Residence Orders, Contact Orders, Judicial Continuity, Appeal Procedure, Legal Aid
Family Law Intractable Contact Residence Orders Contact Orders Judicial Continuity Appeal Procedure Legal Aid

Case Brief

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Parties

Mother

Respondent

Father

Applicant

Children (by Guardian)

Subject Children

Procedural Posture

Children Act 1989 Proceedings (intractable Contact) / Appeal Against Findings of Fact; Directions Hearing

Legal Issues

  1. 1 Whether findings of fact by district judge should be set aside and reheard
  2. 2 Whether immediate change of residence from mother to father is in the children's best interests
  3. 3 Whether the mother is entitled to legal aid for serious allegations of violence

Ratio Decidendi

The findings of fact by the district judge are set aside due to procedural deficiencies, lack of legal representation, and reliance on disputed evidence. The case is remitted for a fresh hearing before a circuit judge with judicial continuity. Immediate removal of the children from the mother to the father is refused as not in the children's best interests without further investigation.

Court Disposition

Appeal allowed; findings of fact set aside; case remitted for rehearing; immediate change of residence refused.

Orders

  • Mother granted permission to appeal and appeal allowed out of time.
  • Findings of fact by district judge set aside.