T & Anor (Appeal: Fair Hearings: Delegation of Judicial Functions), Re
[2024] EWHC 2236 (Fam)
TM v TF
12 September 2024
[2024] EWHC 2786 (Fam)
High Court
A mother appealed a court order allowing her child more time with his father, who was found to have committed domestic abuse. The judge refused the appeal, saying the lower court carefully considered the risks and the child's best interests before allowing the more frequent contact.
Key Facts
- •Appeal against an order made by HHJ Kushner on 31 May 2024 regarding child arrangements for TC (aged 9).
- •The order progressed contact between TC and his father from 14 hours on a visiting basis to overnight stays on alternate weekends during school summer holidays.
- •Serious findings of domestic violence and other violent assaults against the respondent father (TF) were made by DDJ Leigh-Smith on 28 March 2022, and upheld by HHJ Kushner on 24 June 2022.
- •The respondent father did not accept the findings of domestic abuse, having only attended a DAPP course due to court order.
- •The appellant mother (TM) raised six grounds of appeal, primarily focusing on the judge's application of PD12J (Practice Direction 12J) and procedural fairness.
- •The child, TC, expressed reluctance to stay overnight at his father's house.
Legal Principles
Practice Direction 12J: Framework for considering findings of domestic violence in child arrangements cases.
PD12J
FPR 2010 r.30.3(7): Permission to appeal granted only if there's a real prospect of success or other compelling reason.
FPR 2010
Child's welfare is paramount.
Implicit in the judgment
The court's assessment of risk and the management thereof, even in cases of unacknowledged domestic abuse findings, balancing the impact of domestic violence with the benefits of a parent-child relationship.
Implicit in the judgment
Re H-N [2021] EWCA Civ 448 and F v M [2021] EWFC 4: Cases concerning the long-lasting effects of domestic violence.
Case law cited in the judgment
Griffiths v Kniveton [2024] EWHC 199 (Fam): Case concerning direct arrangements in circumstances of domestic abuse.
Case law cited in the judgment
Hima v Secretary of State for the Home Department [2024] EWCA Civ 680: Guidance on assessing fairness of hearings and judicial interventions.
Case law cited in the judgment
Re K and L (children: fairness of hearing) [2023] EWCA Civ 686: Case concerning a judge's ability to evaluate evidence.
Case law cited in the judgment
Outcomes
Permission to appeal refused.
The judge found that none of the six grounds of appeal had a real prospect of success, and there were no other compelling reasons to hear the appeal. The judge considered the judge's decision to be within her discretion.
Stay on HHJ Kushner's order lifted.
The refusal of permission to appeal meant the original order could be implemented.
Overnight contact to commence as per HHJ Kushner's order.
Following the lifting of the stay, the previously ordered overnight contact would begin.