Family Law Hub

Re Q [2020] EWHC 1109 (Fam)

An appeal from a case management decision made in proceedings concerning the welfare of a six-year-old girl. The parents (the mother European, the father English) had been separated for some years. The mother made allegations of sexual abuse against the father, and contact was resumed after a finding of fact that there had been no sexual impropriety. The conclusion of an expert psychological report was that it would be in the child's interests for the father to become the primary carer. The Guardian recommended an immediate change of residence. The mother applied for an adjournment on the basis that the matter could not be determined fairly at a remote hearing. The application was refused, but at the start of the hearing, after reading the decision in Re P (A Child: Remote Hearings) [2020] EWFC 32, the judge vacated the hearing, with the matter to be relisted before her for a face-to-face final hearing in due course. The father appealed on the grounds that the judge had misapplied the judgment in Re P; there had been no material change in the circumstances between the two hearings; insufficient weight had been afforded to the child's welfare; and insufficient regard was given to the overriding objective in FPR rule 1.1. Sir Andrew McFarlane, the President of the Family Division, allowed the appeal. There had not been new material in the father's position statement, and the judge's approach to the child's welfare had been in error. The decision to vacate the remote hearing would be set aside, and the matter remitted to the judge to redetermine the question of how and when the final hearing was to take place.

Judgment, published: 05/06/2020

Topics


Published: 05/06/2020

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item