This case was highlighted in the Law Gazette last week. A father made an application to see his two children in 2017 and the mother had made serious allegations against him. In this situation it’s the Court’s job to decide whether what the mother is saying is true and if so whether and how this should impact on the time the children spend wtih their father.
Generally it’s considered in the best interests of children for Court proceedings regarding them to be concluded as quickly as possible to reduce uncertainty, conflict and stress. This can be helped by having the same Judge dealing with the case throughout as they have knowledge of what has happened previously. Very sadly, this case seems to have got lost in the system. It’s now 3 years later and 15 Judges haved been involved in making various decisions. The case has now been allocated to the High Court, so hopefully for all involved, but especially the children, there will only be one Judge dealing with this in the future and things can be concluded.
family case involving allegations of controlling and coercive behaviour came before at least 15 judges, the Court of Appeal has revealed in a judgment highlighting the importance of judicial continuity.
In R v P (Children: Similar Fact Evidence), the court set aside a case management decision to exclude evidence in family proceedings ahead of a fact-finding hearing.