GI v K

GI v K

The judge erred in excluding the mother's allegations of domestic abuse and coercive control from consideration in determining the child's welfare, failed to provide adequate reasons for departing from the social worker's recommendations for equal time, and wrongly made a Specific Issue Order regarding PRIDE week attendance without sufficient justification. These errors materially affected the welfare decision and require the matter to be remitted for rehearing.

Parties
Appellant: GI; Respondent: K
Jurisdiction
England and Wales
Judgment Date
03 April 2026
Procedural Posture
Family Appeal / Appeal Judgment
Outcome
Appeal allowed in part, matter 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 domestic abuse allegations from consideration in child welfare decisions
  2. 2 Whether the judge gave sufficient reasons for departing from social worker 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 and coercive control from consideration in determining the child's welfare, failed to provide adequate reasons for departing from the social worker's recommendations for equal time, and wrongly made a Specific Issue Order regarding PRIDE week attendance without sufficient justification. These errors materially affected the welfare decision and require the matter to be remitted for rehearing.

Court Disposition

Appeal allowed in part, matter remitted for rehearing

Orders

  • The appeal is allowed on Grounds One, Three, and Four.
  • The matter is remitted to a Circuit Judge in Medway Family Court for rehearing.