J (A Child), Re

J (A Child), Re

The Recorder's refusal to permit cross-examination of the mother on the reasons for the change in arrangements and the history of the case denied the father a fair hearing and disabled the court from properly determining the child's best interests. This procedural unfairness required the appeal to be allowed and a re-trial ordered before a different judge.

Parties
Subject: J (A Child); Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
12 October 2012
Procedural Posture
Appeal (family Law Children) / Appeal From Final Hearing Judgment; Order for Re Trial
Outcome
Appeal allowed; order for re-trial before a different judge
Legal Topics
Residence Orders, Contact Orders, Shared Residence, Children Act 1989, Procedural Fairness
Family Law Child Law Residence Orders Contact Orders Shared Residence Children Act 1989 Procedural Fairness

Case Brief

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Parties

J (A Child)

Subject

Father

Appellant

Mother

Respondent

Procedural Posture

Appeal (family Law Children) / Appeal From Final Hearing Judgment; Order for Re Trial

Legal Issues

  1. 1 Whether the Recorder denied the father a fair hearing by restricting cross-examination of the mother
  2. 2 Whether the Recorder failed to properly consider the reasons for the change in residence and contact arrangements
  3. 3 Whether the Recorder erred in law regarding the requirements for a shared residence order

Ratio Decidendi

The Recorder's refusal to permit cross-examination of the mother on the reasons for the change in arrangements and the history of the case denied the father a fair hearing and disabled the court from properly determining the child's best interests. This procedural unfairness required the appeal to be allowed and a re-trial ordered before a different judge.

Court Disposition

Appeal allowed; order for re-trial before a different judge

Orders

  • The appeal is allowed.
  • A new trial is ordered before a different judge, preferably a Circuit Judge experienced in family cases.