B ( A Child), Re

B ( A Child), Re

The judge's case management decisions, including refusal to allow the mother to call material witnesses and obtain documentary evidence, deprived her of a fair opportunity to answer the case and the court of necessary evidence. The resulting findings of fact and consequential orders were unsafe and must be overturned. The matter is to be reheard before a different judge.

Parties
Subject Child: B (A Child); Appellant: The Mother; 1st Respondent: The Father; 2nd Respondent: The Guardian (CAFCASS)
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Family Law Child Residence / Appeal From County Court (residence Order)
Outcome
Appeal allowed; order of county court set aside; case remitted for rehearing before a different judge.
Legal Topics
Child Residence, Case Management, Interim Orders, Evidence Exclusion, Appeal Procedure
Family Law Child Residence Case Management Interim Orders Evidence Exclusion Appeal Procedure

Case Brief

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Parties

B (A Child)

Subject Child

The Mother

Appellant

The Father

1st Respondent

The Guardian (CAFCASS)

2nd Respondent

Procedural Posture

Family Law Child Residence / Appeal From County Court (residence Order)

Legal Issues

  1. 1 Whether the trial judge's case management decisions deprived the mother of a fair opportunity to present her case
  2. 2 Whether the exclusion of material evidence rendered the factual findings unsafe
  3. 3 Whether the interim transfer of residence was justified

Ratio Decidendi

The judge's case management decisions, including refusal to allow the mother to call material witnesses and obtain documentary evidence, deprived her of a fair opportunity to answer the case and the court of necessary evidence. The resulting findings of fact and consequential orders were unsafe and must be overturned. The matter is to be reheard before a different judge.

Court Disposition

Appeal allowed; order of county court set aside; case remitted for rehearing before a different judge.

Orders

  • Mother's appeal allowed
  • Factual findings and residence order set aside