The recent case of V (A Child) [2015] EWCA Civ 274 was an appeal by a father following a fact-finding hearing in private law children proceedings. A fact-finding hearing is often used where allegations of domestic violence are raised in Children Act cases. Such allegations need to be considered by the court before it can proceed to consider making any orders in relation to the children. Fact finding hearings allow for the court to draw a line under allegations raised, and focuses the parent’s attention on the issue of welfare and the best interests of the children. The fact-finding hearing in this case was deemed necessary as the mother made a number of allegations about the father including making reference to the fact he was aggressive to her.
The Judge found against the father at the fact-finding hearing and in delivering the judgment, the Judge simply recited the evidence and announced his conclusions without explaining the reasons behind the decision. When the father’s solicitors applied for permission to appeal, Lady Justice Black invited them to return the matter to the original Judge and ask him to provide his reasons. However, the reasons provided amounted to less than one side of A4 and Black LJ was of the opinion that the reasons were still sufficiently lacking that permission to appeal should be granted.
During the father’s appeal, the Court of Appeal noted that the judge did not deal with the disputes between the parents in relation to the history of their relationship despite the fact many of the allegations on which he was being asked to make findings was during a period when the parties disputed as to whether they were still in a relationship. The judge also made no findings of fact in relation to the quality of the contact/ relationship the father had had with his son.
In this case, it was noted that a basic, short description of the matters considered and the factors that give rise to the conclusions are all that is required in judgments. The father was granted his appeal and the case has been sent back to the lower courts for a rehearing to consider which of the allegations, if any, are relevant to the issue of contact.
To see the full judgment, click here: http://www.familylawweek.co.uk/site.aspx?i=ed144014