SP v DM

SP v DM

The appeal is dismissed because the trial judge took all reasonable steps to protect the vulnerable party, complied with participation directions, and acted in accordance with the mother's wishes and medical advice. There was no procedural irregularity or unfairness requiring intervention. The judge was entitled to limit the scope of allegations and manage the case proportionately.

Parties
Appellant: SP; Respondent: DM
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
Family Law Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Fact Finding Hearings, Vulnerable Parties, Procedural Fairness, Case Management, Domestic Abuse Allegations
Family Law Child Arrangements Fact Finding Hearings Vulnerable Parties Procedural Fairness Case Management Domestic Abuse Allegations

Case Brief

Summary, issues, holding and outcome

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Parties

SP

Appellant

DM

Respondent

Procedural Posture

Family Law Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge failed in her duty to protect a vulnerable party by not adjourning the hearing or adopting alternative questioning methods despite the mother's pregnancy and health issues
  2. 2 Whether there was a procedural irregularity in the conduct of the fact-finding hearing, including the absence or inadequacy of a ground rules hearing and participation directions
  3. 3 Whether the judge was wrong to limit the number of allegations considered and to strike out or pressure the mother to abandon certain allegations

Ratio Decidendi

The appeal is dismissed because the trial judge took all reasonable steps to protect the vulnerable party, complied with participation directions, and acted in accordance with the mother's wishes and medical advice. There was no procedural irregularity or unfairness requiring intervention. The judge was entitled to limit the scope of allegations and manage the case proportionately.

Court Disposition

Appeal dismissed

Orders

  • Stay on contact order is lifted
  • Contact to resume as per Recorder Wood's order, with initial one-hour sessions and gradual increase as previously ordered