LA v KA

The judge erred in making final child arrangements orders at a DRA without the mother's consent, without updated evidence, and without proper procedural safeguards. The process was unfair and contrary to established principles, requiring the orders to be set aside and the matter remitted for rehearing.

Parties: Applicant: LA; Respondent: KA
Jurisdiction: England and Wales
Judgment Date: 12 February 2024
Procedural Posture: Family Law Appeal / Appeal Judgment
Outcome: Appeal allowed in part; orders set aside in part; matter remitted for rehearing before a different judge; interim holding orders made for contact.
Legal Topics: Child Arrangements, Contact Orders, Appeal Procedure, Procedural Fairness

Family Law Child Arrangements Contact Orders Appeal Procedure Procedural Fairness

Case Brief

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Parties

Applicant

Respondent

Procedural Posture

Family Law Appeal / Appeal Judgment

Legal Issues

1 Whether the judge erred in making final child arrangements orders at a Dispute Resolution Appointment (DRA) without proper consent or evidence
2 Whether the procedural rights of the parties were breached
3 Appropriateness of the orders made regarding contact and holiday arrangements

Ratio Decidendi

Court Disposition

Appeal allowed in part; orders set aside in part; matter remitted for rehearing before a different judge; interim holding orders made for contact.

Orders

Father to have contact with children from 4:00 pm on 13 August to 27 August 2024.
Pick up to take place in a public place; drop off outside mother's home without entering the curtilage.