K & S (Children)

K & S (Children)

The trial judge's failure to make findings on allegations of domestic violence and harassment was a serious deficiency, but the welfare of the children and the delay in appealing mean the appeal must be dismissed, though the need for judicial determination of the violence and harassment allegations remains.

Parties
Appellant: Mrs S; 2nd Respondent: Mr S; 1st Respondent: Mr K; Intervener: CAFCASS; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
16 November 2005
Procedural Posture
Appeal (family Law) / Judgment on Application for Permission to Appeal Out of Time and Substantive Appeal
Outcome
Application for permission to appeal granted; appeal dismissed
Legal Topics
Domestic Violence, Contact Orders, Residence Orders, Removal From Jurisdiction, Professional Conduct (cafcass)
Family Law Child Law Domestic Violence Contact Orders Residence Orders Removal From Jurisdiction Professional Conduct (cafcass)

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Parties

Mrs S

Appellant

Mr S

2nd Respondent

Mr K

1st Respondent

CAFCASS

Intervener

Children's Guardian

Children's Guardian

Procedural Posture

Appeal (family Law) / Judgment on Application for Permission to Appeal Out of Time and Substantive Appeal

Legal Issues

  1. 1 Whether the trial judge failed to make findings on allegations of domestic violence and harassment
  2. 2 Whether the trial judge relied on a flawed CAFCASS report
  3. 3 Whether delay in appealing should bar the appeal

Ratio Decidendi

The trial judge's failure to make findings on allegations of domestic violence and harassment was a serious deficiency, but the welfare of the children and the delay in appealing mean the appeal must be dismissed, though the need for judicial determination of the violence and harassment allegations remains.

Court Disposition

Application for permission to appeal granted; appeal dismissed

Orders

  • The court directs that the issue of violence and harassment be investigated at the first opportunity in future proceedings.
  • Assessment of parties' publicly-funded costs.