FAMILY DIVISION
ON APPEAL FROM HHJ TOLSON KC
SITTING AT READING FAMILY COURT
RG24P00086
Strand, London, WC2A 2LL |
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B e f o r e :
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GM |
Appellant |
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VB |
Respondent |
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Nasstassia Hylton (instructed by Freeths LLP) for the Respondent
Hearing dates: 27th & 28th March 2025
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Crown Copyright ©
Mrs Justice Judd :
Background
The hearing before the judge
a) A plan for the re-establishment of direct face to face time between the children and their father;
b) Consideration of the evidence and father's admissions;
c) The ISW must note that the court has expressly determined that a separate fact finding hearing is not necessary; and
d) The ISW may view past and future video recordings.
"The parties should also agree the identity of an independent social worker whose function before 3 February next year will be to report with a plan to re-establish time with the father for the children. The plan will have to take into account the father's admissions. I think the ISW should see the video of what I am going to call the knife incident. The parties know what I am referring to.
And she should be instructed expressly on the basis:
i) That the court does not think a fact finding hearing is necessary,
ii) That the court is nevertheless looking towards honesty from the parents as to what has happened in the past and as to the way forward,
iii) That she is to make no assumptions as to what may or may not have happened in the past, but
iv) She is to assist the court by advising on her reflections as to what happened in the past and how it sounds at present and will sound in future;
in short – and an experienced ISW can do this – just what sort of case this is. It seems to me that will inform her plan. I do think we should record that this court feels the plan will have to include contact supervised by the ISW at least in the future".
The appeal
The appellant's case
The respondent's case
The law
Appeals
"a judge making case management decisions has a very wide discretion and anyone seeking to appeal against such a decision has an uphill task…..Robust case management…..very much has its place in family proceedings but it also has its limits.
The task of the case management judge is to arrange a trial that is fair, that is, judged both by domestic standards and by the standards maintained by Articles 6 and 8. The objective is that spelt out in r 1.1 of the Family Procedure Rules 2010, namely a trial conducted 'justly, expeditiously and fairly' and in a way which is proportionate to the nature, importance and complexity of the issues', but never losing sight of the need to have regard to the welfare issues involved".
Fact finding hearings and domestic abuse
The appeal hearing
Decision