GI v K [2026] EWHC 480 (Fam) (23 January 2026)

GI v K [2026] EWHC 480 (Fam) (23 January 2026)

The judge erred in excluding the mother's allegations of domestic abuse, including coercive control, from consideration in the welfare decision, and failed to give adequate reasons for departing from the social worker's recommendations for equal time. The judge's approach to the PRIDE week order was also flawed. These errors necessitate remittal of the case for rehearing.

Citation
[2026] EWHC 480 (Fam)
Parties
Appellant: GI; Respondent: K
Jurisdiction
England and Wales
Judgment Date
23 January 2026
Procedural Posture
Family Appeal / Appeal Judgment
Outcome
Appeal allowed in part, case remitted for rehearing
Legal Topics
Child Arrangements Order, Specific Issue Order, Domestic Abuse, Coercive Control, Welfare of the Child, Appeal Procedure
Family Law Child Arrangements Order Specific Issue Order Domestic Abuse Coercive Control Welfare of the Child Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

GI

Appellant

K

Respondent

Procedural Posture

Family Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in excluding the mother's allegations of domestic abuse from consideration in the welfare decision
  2. 2 Whether the judge gave adequate reasons for departing from the social worker's recommendations
  3. 3 Whether the judge's questioning of the mother was unfair

Ratio Decidendi

The judge erred in excluding the mother's allegations of domestic abuse, including coercive control, from consideration in the welfare decision, and failed to give adequate reasons for departing from the social worker's recommendations for equal time. The judge's approach to the PRIDE week order was also flawed. These errors necessitate remittal of the case for rehearing.

Court Disposition

Appeal allowed in part, case remitted for rehearing

Orders

  • Matter remitted to a Circuit Judge in Medway Family Court for rehearing
  • Referred to Henke J for allocation