R (A Child), Re

R (A Child), Re

The majority held that the trial judge failed to give proper consideration to the child's wishes and the CAFCASS officer's recommendation, and erred in not hearing from the officer before departing from her recommendation. The matter was finely balanced and required a rehearing with a fresh CAFCASS report.

Parties
Subject Child: R (A Child); Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
22 May 2009
Procedural Posture
Appeal (residence Order, Family) / Judgment on Appeal From County Court
Outcome
Appeal allowed (majority); matter remitted for rehearing before a different judge with a fresh CAFCASS report.
Legal Topics
Child Residence, Welfare Principle, Children's Wishes, Role of CAFCASS Officer, Appeal Procedure
Family Law Child Law Child Residence Welfare Principle Children's Wishes Role of CAFCASS Officer Appeal Procedure

Case Brief

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Parties

R (A Child)

Subject Child

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal (residence Order, Family) / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the trial judge erred in his treatment of the child's wishes and feelings
  2. 2 Whether the judge was wrong to reject the CAFCASS officer's recommendation without hearing evidence
  3. 3 Whether the judge's questioning of the mother rendered the hearing unfair

Ratio Decidendi

The majority held that the trial judge failed to give proper consideration to the child's wishes and the CAFCASS officer's recommendation, and erred in not hearing from the officer before departing from her recommendation. The matter was finely balanced and required a rehearing with a fresh CAFCASS report.

Court Disposition

Appeal allowed (majority); matter remitted for rehearing before a different judge with a fresh CAFCASS report.

Orders

  • Case remitted to county court for rehearing before a different judge.
  • A new CAFCASS report to be prepared by a different officer.