A man who is trying to prevent his former wife from taking their five-year-old son to live abroad has won his appeal to have the case reconsidered.
Following their divorce, the wife later remarried and now wants to take the boy to live with her in Australia. The father objected so legal proceedings began.
The court ruled in favour of the mother but the father appealed on the grounds that the judge had not given proper consideration to a report on the case by CAFCASS – the agency which protects the welfare of children involved in court proceedings.
At the time of the hearing the full report was not available although a CAFCASS officer attended court. The father said he did not cross-examine the officer at length because he thought a full report would be provided. This meant that his views had not been put forward properly at the hearing.
The judge went ahead without the full report and relied on other evidence when making her decision. The Court of Appeal has now held that the judge had been wrong to reach a decision without all the relevant information being available.
It meant that justice might not be seen to be done. The judge would therefore have to reconsider her decision having taken into account the full CAFCASS report.
If you would like to speak to Garside & Hoy’s Family Law expert, please call Bernadette Hoy on 020-8427-5656, complete the online enquiry form or email bernadette.hoy@garsideandhoy.co.uk
