LA v KA

MS C BISHOP (instructed by Family Law Group) appeared on behalf of the Applicant MS S FOREY (instructed by Abbott Solicitors) appeared on behalf of the Respondent ____________________

Taking the first two grounds of appeal together, I am satisfied that the judge was wrong to make a final Child Arrangements Order at a Dispute Resolution Hearing when the father was clearly not consenting to a final order for no direct contact being made and that, in circumstances where the applicant did not agree to an order providing for no direct contact and challenged the CAFCASS report, the hearing was conducted in breach of his right to a fair trial under Art 6(1) of the ECHR and the procedural protections afforded by Art 8 of the ECHR.

In circumstances where the judge made a final order at the Dispute Resolution Hearing without the father having the opportunity to dispute the contents of the Cafcass report and to place before the court his arguments for direct contact with the children, I am further satisfied that the Dispute Resolution Hearing was conducted in breach of his right to a fair trial under Art 6(1) of the ECHR and the procedural protections afforded by Art 8 of the ECHR.