C -v- D (Family)

These are my reasons for refusing the applications by the mother as follows:- (a) that there shall be a fact finding hearing and (b) a report prepared by a psychologist on the effect on the child of any facts established by the fact finding hearing. I shall also give my reasons for allowing the father's application for parental responsibility.

In actual fact the mother was so upset about the order made on 16th July that she made an emergency application to the Court, complaining that the contact had gone so badly that it was not right for it to continue for a second Sunday. The Acting Registrar was not convinced and, upon certain conditions, ordered contact on the second Sunday to take place as previously ordered by me.

The idea of and the application for a fact finding hearing is recent, in contrast to the length of these proceedings which date back to August 2012. An order for contact was made in December that year. As I have said, another order was made in July 2013. Until now (apart from some discussion on the subject at the hearing of 5th November, 2012, when the point was not pressed by Advocate Blomfield then acting for the mother) there has been no serious application for a fact finding hearing.

The facts which the mother would like to establish concern both historical allegations and allegations which are recent.

The historical allegations are first described to the Court in a letter from the JFCAS officer of Peter McBride, dated 2nd November, 2012. The allegations revolve around C's relationship with his former partner B and her children E (born 1994) and F (born 1998). The relevant passage reads:-