F-K (A Child), Re

F-K (A Child), Re

The judge’s findings of fact on the mother’s allegations of violence and the rejection of the PTSD diagnosis were flawed and unsustainable, as he failed to give adequate reasons for departing from previous findings and unanimous expert evidence, and did not properly balance the risks to the child from the mother’s mental health. The appeal was allowed, the order for contact set aside, and the matter remitted for further directions before a High Court Judge.

Parties
Subject Child: F-K (A Child); Appellant: Mother; Respondent: Father; Guardian: Guardian Ad Litem (CAFCASS Legal)
Jurisdiction
England and Wales
Judgment Date
24 February 2005
Procedural Posture
Family Law Children Act Proceedings (contact/residence) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed; order for contact set aside; findings of fact set aside; matter remitted for further directions before High Court Judge.
Legal Topics
Contact Orders, Residence Orders, Domestic Violence, Post Traumatic Stress Disorder (ptsd), Expert Evidence, Judicial Continuity, Case Management, Issue Estoppel in Family Proceedings
Family Law Contact Orders Residence Orders Domestic Violence Post Traumatic Stress Disorder (ptsd) Expert Evidence Judicial Continuity Case Management +1 more

Case Brief

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Parties

F-K (A Child)

Subject Child

Mother

Appellant

Father

Respondent

Guardian Ad Litem (CAFCASS Legal)

Guardian

Procedural Posture

Family Law Children Act Proceedings (contact/residence) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 In what circumstances can a judge re-open findings of fact made by a previous tribunal in the same proceedings?
  2. 2 When is it permissible and appropriate for a judge to reject unanimous expert evidence?
  3. 3 How should the court balance the welfare of the child with the mental health of the primary carer in contact disputes involving allegations of domestic violence?

Ratio Decidendi

The judge’s findings of fact on the mother’s allegations of violence and the rejection of the PTSD diagnosis were flawed and unsustainable, as he failed to give adequate reasons for departing from previous findings and unanimous expert evidence, and did not properly balance the risks to the child from the mother’s mental health. The appeal was allowed, the order for contact set aside, and the matter remitted for further directions before a High Court Judge.

Court Disposition

Appeal allowed; order for contact set aside; findings of fact set aside; matter remitted for further directions before High Court Judge.

Orders

  • Permission to appeal granted on grounds 1-5; refused on ground 6.
  • Appeal allowed; paragraphs 1-3 of Judge Masterman’s order of 10 December 2004 set aside.