M (a child), Re

M (a child), Re

The Recorder's judgment was fundamentally flawed by her failure to analyse and explain her rejection of unanimous professional evidence regarding the mother's parenting capacity and drug use, and by her reliance on the mother's uncorroborated assertions and unreliable testing. The Recorder's private communication with social services after evidence closed further compromised fairness. The order must be set aside and the matter remitted for rehearing before a different judge.

Parties
Applicant/appellant: Applicant/Appellant (Father); Respondent: Respondent (Mother); Interested Party: Mr R. Morris (Respondent’s grandfather)
Jurisdiction
England and Wales
Judgment Date
24 August 2007
Procedural Posture
Appeal (family Law Child Residence) / Appeal From Final Order of Canterbury County Court
Outcome
Appeal allowed; Recorder's order set aside; matter remitted for rehearing before HHJ Cryan.
Legal Topics
Residence Orders, Parental Responsibility, Child Welfare, Judicial Discretion, Expert Evidence
Family Law Child Law Residence Orders Parental Responsibility Child Welfare Judicial Discretion Expert Evidence

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Parties

Applicant/Appellant (Father)

Applicant/appellant

Respondent (Mother)

Respondent

Mr R. Morris (Respondent’s grandfather)

Interested Party

Procedural Posture

Appeal (family Law Child Residence) / Appeal From Final Order of Canterbury County Court

Legal Issues

  1. 1 Whether the Recorder erred in law and discretion by failing to properly analyse and explain rejection of unanimous professional evidence regarding the mother's parenting capacity and drug use
  2. 2 Whether the Recorder was plainly wrong to rely on the mother's assertion of being amphetamine-free, contrary to expert evidence and objective testing
  3. 3 Whether the Recorder's private communication with social services after evidence closed compromised fairness

Ratio Decidendi

The Recorder's judgment was fundamentally flawed by her failure to analyse and explain her rejection of unanimous professional evidence regarding the mother's parenting capacity and drug use, and by her reliance on the mother's uncorroborated assertions and unreliable testing. The Recorder's private communication with social services after evidence closed further compromised fairness. The order must be set aside and the matter remitted for rehearing before a different judge.

Court Disposition

Appeal allowed; Recorder's order set aside; matter remitted for rehearing before HHJ Cryan.

Orders

  • Recorder's order of 12 July 2007 set aside.
  • Residence and contact applications to be reheard by HHJ Cryan on 3, 5, 6, and 7 December 2007.