A-M (Children)

A-M (Children)

The judge's failure to evaluate and set out conclusions on the contact centre notes in his judgment was a fatal omission. A decision on the children's best interests regarding contact could not be made without a thorough review of this material. The appeal was allowed and the matter remitted for rehearing.

Parties
Appellant: Mother; 1st Respondent: Father; 2nd Respondent: NYAS (on behalf of the children)
Jurisdiction
England and Wales
Judgment Date
20 November 2014
Procedural Posture
Family Law Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; order set aside; matter remitted for rehearing before a different judge; section 91(14) order (residence applications) imposed for 2 years.
Legal Topics
Child Contact, Residence Orders, Section 91(14) Children Act 1989, Appeal Procedure
Family Law Child Contact Residence Orders Section 91(14) Children Act 1989 Appeal Procedure

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Parties

Mother

Appellant

Father

1st Respondent

NYAS (on behalf of the children)

2nd Respondent

Procedural Posture

Family Law Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in reducing the mother's contact with her children to 6 times a year
  2. 2 Whether the judge failed to evaluate the contact centre notes and evidence
  3. 3 Whether the section 91(14) order was appropriate

Ratio Decidendi

The judge's failure to evaluate and set out conclusions on the contact centre notes in his judgment was a fatal omission. A decision on the children's best interests regarding contact could not be made without a thorough review of this material. The appeal was allowed and the matter remitted for rehearing.

Court Disposition

Appeal allowed; order set aside; matter remitted for rehearing before a different judge; section 91(14) order (residence applications) imposed for 2 years.

Orders

  • Judge Harington’s order set aside
  • Contact issue remitted to Family Court for rehearing before a different circuit judge