TM v TF

TM v TF

The judge below was aware of and applied the relevant legal framework, including PD12J, considered the unacknowledged findings of domestic abuse, assessed the risk as manageable, and exercised her discretion appropriately in progressing contact. The grounds of appeal did not have a real prospect of success, and...

Source-derived case information.

Parties
Appellant: TM; Respondent: TF
Jurisdiction
England and Wales
Judgment Date
11 July 2024
Procedural Posture
Family Law Appeal / Application for Permission to Appeal And, If Granted, Substantive Appeal
Outcome
Permission to appeal refused
Legal Topics
Domestic Violence, Child Contact, Appeals, Procedural Fairness, Welfare of the Child
Family Law Child Arrangements Domestic Violence Child Contact Appeals Procedural Fairness Welfare of the Child

Source-derived case record

Summary, issues, holding and outcome

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Parties

TM

Appellant

TF

Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal And, If Granted, Substantive Appeal

Legal Issues

  1. 1 Whether the judge erred in progressing contact to overnight stays in light of unacknowledged findings of domestic abuse
  2. 2 Whether the judge's conduct of the hearing was procedurally unfair
  3. 3 Whether sufficient weight was given to the child's wishes and feelings

Ratio Decidendi

The judge below was aware of and applied the relevant legal framework, including PD12J, considered the unacknowledged findings of domestic abuse, assessed the risk as manageable, and exercised her discretion appropriately in progressing contact. The grounds of appeal did not have a real prospect of success, and there was no compelling reason to grant permission to appeal.

Court Disposition

Permission to appeal refused

Orders

  • Stay on HHJ Kushner’s order of 31 May 2024 lifted
  • Overnight contact to commence in accordance with paragraph 4 of the order with effect from 21 September 2024, unless otherwise agreed