Delayed Fact-Findings, the Enemy of Justice

J (Children) ²⁰¹⁸ EWCA Civ 115

http://www.bailii.org/ew/cases/EWCA/Civ/2018/115.html

This recent case reconfirms the need for a fact-finding hearing at an early stage when a without notice non-molestation order has been made and there are disputed allegations of domestic violence. Failing to fact-find can lead to delay and most often leads to unproven allegations being raised at later hearings.

The case further reasserts the courts positive duty to achieve contact between a parent and child. The court should grapple with all available options before abandoning hope.

The courts have consistently stated that contact between parent and child is a vital element of family life and is almost always in the interests of the child.

As a starting point those facing an uphill struggle to reinstate contact should read Lord Munby’s Judgment in Re C (A Child) ²⁰¹¹ EWCA Civ 521 ⁴⁷.

http://www.bailii.org/ew/cases/EWCA/Civ/2011/521.html

Robert Welch