In the Matter of D (Children)

In the Matter of D (Children)

The findings of fact by the district judge were unreliable due to procedural deficiencies, lack of legal representation, and overreliance on a disputed CAFCASS report. The appeal is allowed, the findings are set aside, and the case is remitted for a fresh fact-finding hearing before a local circuit judge with...

Source-derived case information.

Parties
Respondent: Mother; Applicant: Father; Subject Children: Children (by their guardian)
Jurisdiction
England and Wales
Judgment Date
05 November 2015
Procedural Posture
Children Act 1989 Proceedings (contact/residence) / Appeal From Fact Finding and Application for Change of Residence
Outcome
Appeal allowed; findings of fact set aside; application for immediate change of residence refused.
Legal Topics
Intractable Contact, Residence Orders, Contact Orders, Fact Finding Hearings, Appeals, Judicial Continuity, Legal Aid, Welfare Principle
Family Law Child Law Intractable Contact Residence Orders Contact Orders Fact Finding Hearings Appeals Judicial Continuity +2 more

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Parties

Mother

Respondent

Father

Applicant

Children (by their guardian)

Subject Children

Procedural Posture

Children Act 1989 Proceedings (contact/residence) / Appeal From Fact Finding and Application for Change of Residence

Legal Issues

  1. 1 Whether the findings of fact by the district judge should stand
  2. 2 Whether the children should be removed from the mother to live with the father
  3. 3 Whether the welfare of the children requires a change of residence

Ratio Decidendi

The findings of fact by the district judge were unreliable due to procedural deficiencies, lack of legal representation, and overreliance on a disputed CAFCASS report. The appeal is allowed, the findings are set aside, and the case is remitted for a fresh fact-finding hearing before a local circuit judge with judicial continuity. Immediate removal of the children from the mother is refused as not being in their best interests at this time.

Court Disposition

Appeal allowed; findings of fact set aside; application for immediate change of residence refused.

Orders

  • Permission to appeal and appeal out of time granted to the mother.
  • Findings of fact by the district judge set aside.