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Re H-N And Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448

Date:8 APR 2021
Third slide
Law Reporter

(Court of Appeal (Civil Division), President, King, Holroyde LJJ, 30 March 2021)

Private law children - Domestic Abuse – Fact finding – Approach

The Court of Appeal provided guidance in four appeals on the approach to fact-finding in private law children cases where domestic abuse was alleged.


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Neutral Citation Number: [2021] EWCA Civ 448

Case No: B4/2020/1872, B4/2020/1874, 
B4/2020/1918 & B4/2020/1945
 
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CENTRAL FAMILY COURT
GUILDFORD COMBINED COURT AND FAMILY COURT
CANTERBURY COMBINED COURT CENTRE
HHJ Tolson QC (Re H-N and Re H)
HHJ Evans-Gordon (Re T)
HHJ Scarratt (Re B-B)

ZC19P01540 (Re H-N)
ZE18P00971 (Re T)
ZC18P01277 (Re H)
CT18P00257/00238 and ME20P50123 (Re B-B)

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 30/03/2021

Before:


THE PRESIDENT OF THE FAMILY DIVISION
LADY JUSTICE KING
and

LORD JUSTICE HOLROYDE

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Re H-N and Others (children) (domestic abuse: finding of fact hearings)

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In the H-N Appeal
Mr Christopher Hames QC, Ms Camini Kumar and Ms Charlotte Baker (instructed by Goodman Ray Solicitors) for the Appellant Mother
Ms Janet Bazley QC, Ms Jessica Lee and Ms Costanza Bertoni (instructed by Bindmans LLP) for the Respondent Father

In the H Appeal
Ms Amanda Weston QC and Dr Charlotte Proudman (instructed by Duncan Lewis Solicitors) for the Appellant Mother
Ms Denise Gilling QC, Mrs Arlene Small and Ms Melissa Elsworth (instructed by Mills & Reeve LLP) for the Respondent Father

In the B-B Appeal
Ms Amanda Weston QC and Dr Charlotte Proudman (instructed by Beck Fitzgerald) for the Appellant Mother
Mr Teertha Gupta QC, Mr Matthew Persson and Ms Clarissa Wigoder (instructed by Penningtons Manches Cooper LLP) for the Respondent Father

In the T Appeal
Professor Jo Delahunty QC, Mr Chris Barnes and Ms Adele Cameron-Douglas (instructed by Beck Fitzgerald) for the Appellant Mother

Mr Charles Hale QC, Ms Rebecca Foulkes and Ms Miriam Best (instructed by Meadows Ryan Solicitors) for the Respondent Father

Mr Mark Jarman and Mr Michael Gration (instructed by Cafcass Legal) for Cafcass the First Intervener 

Ms Barbara Mills QC, Ms Joy Brereton and Ms Emma Spruce (instructed by Scott Moncrieff & Associates Ltd) for Women’s Aid, Women’s Aid Wales, Rape Crisis and Rights of Women the Second Intervener

Ms Sarah Morgan QC, Mr Tom Wilson and Ms Lucy Maxwell (instructed by Irwin Mitchell) for Families Need Fathers the Third Intervener 

Ms Deirdre Fottrell QC and Ms Lorraine Cavanagh QC (instructed by ITN Solicitors) for the Association of Lawyers for Children) the Third Intervener

Hearing dates: 19 to 21 January 2021

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Approved Judgment 


This judgment is subject to a Reporting Restriction Order.

Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties' representatives by email, release to BAILII and publication on the Courts and Tribunals Judiciary website. The date and time for hand-down is deemed to be at 10:00am on 30 March 2021. 

 

Judgment: Re H N and Others (Children)(Domestic Abuse Finding of Fact Hearings) [2021] EWCA Civ 448

 

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