FF v BM [2020] EWFC B6 (06 March 2020)

FF v BM [2020] EWFC B6 (06 March 2020)

The Justices' decision was wrong and unjust for procedural irregularity because they misunderstood the father's immigration status, failed to properly apply the welfare checklist, gave inadequate reasons for refusing direct contact, and did not allow oral evidence from the parties. The appeal is allowed and the...

Source-derived case information.

Citation
[2020] EWFC B6
Parties
Appellant: FF; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
06 March 2020
Procedural Posture
Children Act Proceedings Appeal / Application for Extension of Time to Appeal and Substantive Appeal
Outcome
Appeal allowed
Legal Topics
Child Arrangements Order, Appeal Procedure, Relief From Sanctions, Welfare of the Child, Immigration Status and Family Life
Family Law Child Arrangements Order Appeal Procedure Relief From Sanctions Welfare of the Child Immigration Status and Family Life

Source-derived case record

Summary, issues, holding and outcome

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Parties

FF

Appellant

Mother

Respondent

Procedural Posture

Children Act Proceedings Appeal / Application for Extension of Time to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the appellant should be granted an extension of time to appeal the decision of the Lay Justices
  2. 2 Whether the decision of the Lay Justices to refuse direct contact between the child and the father was wrong or unjust for procedural irregularity

Ratio Decidendi

The Justices' decision was wrong and unjust for procedural irregularity because they misunderstood the father's immigration status, failed to properly apply the welfare checklist, gave inadequate reasons for refusing direct contact, and did not allow oral evidence from the parties. The appeal is allowed and the matter remitted for rehearing.

Court Disposition

Appeal allowed

Orders

  • Extension of time to file Appellant's Notice granted
  • Decision of Lay Justices set aside