SW v SW & Anor

SW v SW & Anor

The judge acted within the broad discretion afforded in family cases, having sufficient evidence from prior hearings and no new information to be uncovered by cross-examination; the appellant was afforded a fair hearing and the guardian's report was not defective.

Parties
Appellant: S W; Respondent: S W; 2nd Respondent: D W-W
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Shared Residence Order, Contact Definition, Fair Hearing, Child Welfare
Family Law Shared Residence Order Contact Definition Fair Hearing Child Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

S W

Appellant

S W

Respondent

D W-W

2nd Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was denied a fair trial by being prevented from giving oral evidence and cross-examining witnesses
  2. 2 Whether the guardian's report was defective for not addressing the welfare checklist
  3. 3 Whether the judge correctly exercised discretion in refusing oral evidence and cross-examination

Ratio Decidendi

The judge acted within the broad discretion afforded in family cases, having sufficient evidence from prior hearings and no new information to be uncovered by cross-examination; the appellant was afforded a fair hearing and the guardian's report was not defective.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.