H (a child), Re

H (a child), Re

The judge's decision was fatally flawed by his failure to accurately recall and apply his own findings of fact, his minimisation of serious domestic violence, his disregard for the father's lack of contrition or insight, his failure to follow binding guidance (Re L, Sturge/Glaser, CASC Guidelines), and his failure to give reasons for departing from expert recommendations. The order was made on a review hearing without proper evidence or reasoning, and the judge's approach was partial and unsupported by the evidence. The appeal was allowed, the order set aside, and the case remitted for rehearing before a different judge.

Parties
Applicant: H's Father; Respondent: H's Mother
Jurisdiction
England and Wales
Judgment Date
22 November 2005
Procedural Posture
Children Act 1989 Contact Proceedings / Appeal From Bradford County Court to Court of Appeal
Outcome
Appeal allowed; order set aside; case remitted for rehearing before a different judge.
Legal Topics
Contact Orders, Domestic Violence, Case Management, Expert Evidence, Judicial Discretion
Family Law Child Law Contact Orders Domestic Violence Case Management Expert Evidence Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

H's Father

Applicant

H's Mother

Respondent

Procedural Posture

Children Act 1989 Contact Proceedings / Appeal From Bradford County Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in making a contact order in light of findings of domestic violence
  2. 2 Whether the judge failed to properly consider the effect of domestic violence on the child and residential parent
  3. 3 Whether the judge failed to follow binding guidance and case law (Re L, Sturge/Glaser report, CASC Guidelines)

Ratio Decidendi

The judge's decision was fatally flawed by his failure to accurately recall and apply his own findings of fact, his minimisation of serious domestic violence, his disregard for the father's lack of contrition or insight, his failure to follow binding guidance (Re L, Sturge/Glaser, CASC Guidelines), and his failure to give reasons for departing from expert recommendations. The order was made on a review hearing without proper evidence or reasoning, and the judge's approach was partial and unsupported by the evidence. The appeal was allowed, the order set aside, and the case remitted for rehearing before a different judge.

Court Disposition

Appeal allowed; order set aside; case remitted for rehearing before a different judge.

Orders

  • The judge's contact order of 9 May 2005 is set aside.
  • The application is remitted to the county court to be reheard by a different judge to be allocated by the Designated Family Judge for Leeds.