M (Children), Re

M (Children), Re

The judge erred by refusing the adjournment and dismissing the application at the fact-finding stage, thereby denying the father a fair trial. The proper course was to grant a short adjournment with clear warnings regarding future attendance.

Parties
Appellant: Mr M; Respondent: Mrs M
Jurisdiction
England and Wales
Judgment Date
27 October 2009
Procedural Posture
Family Law Children / Appeal From Dismissal of Contact Application at Fact Finding Stage
Outcome
Appeal allowed; application for contact restored
Legal Topics
Contact Proceedings, Adjournment, Fair Trial, Welfare of Children
Family Law Contact Proceedings Adjournment Fair Trial Welfare of Children

Case Brief

Summary, issues, holding and outcome

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Parties

Mr M

Appellant

Mrs M

Respondent

Procedural Posture

Family Law Children / Appeal From Dismissal of Contact Application at Fact Finding Stage

Legal Issues

  1. 1 Whether the judge erred in refusing an adjournment and dismissing the father's contact application at the fact-finding stage
  2. 2 Whether the refusal denied the father a fair trial

Ratio Decidendi

The judge erred by refusing the adjournment and dismissing the application at the fact-finding stage, thereby denying the father a fair trial. The proper course was to grant a short adjournment with clear warnings regarding future attendance.

Court Disposition

Appeal allowed; application for contact restored

Orders

  • Permission to appeal granted
  • Appeal allowed