Thursday, November 21, 2013

Re C (A Child): A catalogue of errors

Lord Justice Ryder
Just a quick heads-up for an important decision today.

Re C (A Child) EWCA Civ 1412 was a catalogue of errors in a private law children case, in which a father was refused direct contact with his son after there had been an assumption of alleged facts against him when the court had not conducted a fact-finding hearing "and accordingly the judge's welfare evaluation was based on what is said to be a false premise".

In his judgment Lord Justice Ryder sets out guidance (approved by the President) aimed at avoiding some of the procedural irregularities that arose, not helped by the lack of legal representation - see paragraphs 11 to 17 inclusive and paragraphs 20, 26, 40, 47 and 48.

No comments:

Post a Comment

Thank you for taking the time to comment on this post. Constructive comments are always welcome, even if they do not coincide with my views! Please note, however, that comments will be removed or not published if I consider that:
* They are not relevant to the subject of this post; or
* They are (or are possibly) defamatory; or
* They breach court reporting rules; or
* They contain derogatory, abusive or threatening language; or
* They contain 'spam' advertisements (including links to any commercial websites).
Please also note that I am unable to give advice.

Note: only a member of this blog may post a comment.