A v K (Appeal: Fact Finding: PD12J)
[2024] EWHC 1981 (Fam)
TRC (Father) v NS (Mother) (Extensions of Time; Composite Hearings)
22 January 2024
[2024] EWHC 80 (Fam)
High Court
Parents fought over who the kids should live with. A judge decided there was enough evidence already, so a separate hearing to examine past arguments wasn't needed. The judge also said the existing rules for seeing the kids should stay the same.
Key Facts
- •Appeal against a Magistrates' Court decision to vacate a fact-finding hearing in a child arrangements order dispute.
- •Allegations of domestic abuse by the father against the mother.
- •Mother left the family home with the children and alleged the father threatened to kill her.
- •Father made admissions of verbal abuse, but attributed it to the mother's behavior.
- •Extensive audio recordings and transcripts of conversations between the parents were submitted as evidence.
- •Application to extend time for appealing the Magistrates' decision.
- •Applications for an intermediary assessment and variation of interim contact arrangements.
Legal Principles
Time limits for appealing case management decisions.
FPR r30(4)
Denton v TH White Ltd [2014] EWCA Civ 906 and Mitchell v News Group Newspapers [2014] 1 WLR 795 – three-stage test for relief from sanctions.
Denton v TH White Ltd [2014] EWCA Civ 906; Mitchell v News Group Newspapers [2014] 1 WLR 795
Overriding objective in Family Procedure Rules (FPR r1.1) and paramount consideration of child's welfare (s.1 Children Act 1989).
FPR r1.1; s.1 Children Act 1989
Guidance in PD12J on domestic abuse and fact-finding hearings.
PD12J
Re H-N [2021] EWCA Civ 448 and K v K [2022] EWCA Civ 468 – discretion of the court in determining the necessity and proportionality of fact-finding hearings.
Re H-N [2021] EWCA Civ 448; K v K [2022] EWCA Civ 468
Distinction between fact-finding in public law and private law cases.
Re H (Minors) (Sexual Abuse) 1996 AC 563
Outcomes
Application to extend time granted.
Seriousness of default balanced against short time period, reasons for default being lawyer error, and child's best interests in minimizing delay.
Appeal dismissed.
Magistrates’ decision not to hold a separate fact-finding hearing was a case management decision within their discretion, supported by sufficient evidence and proportionate to the circumstances.
Application for intermediary assessment refused.
No evidence suggesting the mother couldn't fully participate in proceedings with appropriate measures.
Application to vary interim contact arrangements refused.
Maintaining current arrangements deemed best for children's stability, despite concerns about supervision.