SC v TC

SC v TC

The appeal is allowed because the hearing was fundamentally flawed due to undisclosed communications between the judge and NYAS, lack of transparency, and failure to properly ascertain the child's views before changing residence.

Source-derived case information.

Parties
Applicant: SC; Respondent: TC; Guardian: NYAS
Jurisdiction
England and Wales
Judgment Date
14 March 2019
Procedural Posture
Family / Appeal
Outcome
Appeal allowed; original order and judgment set aside.
Legal Topics
Child Arrangements, Procedural Fairness, Judicial Communications, Residence Orders
Family Law Child Arrangements Procedural Fairness Judicial Communications Residence Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

SC

Applicant

TC

Respondent

NYAS

Guardian

Procedural Posture

Family / Appeal

Legal Issues

  1. 1 Whether the judge's private communications with NYAS constituted procedural irregularity
  2. 2 Whether B's wishes and feelings were properly ascertained before changing residence
  3. 3 Transparency and fairness in judicial decision-making

Ratio Decidendi

The appeal is allowed because the hearing was fundamentally flawed due to undisclosed communications between the judge and NYAS, lack of transparency, and failure to properly ascertain the child's views before changing residence.

Court Disposition

Appeal allowed; original order and judgment set aside.

Orders

  • The hearing is declared fundamentally flawed.
  • The order and judgment of 28 November are set aside.