Family and Children
In the case of Re B (a Child)  a mother won her appeal against an order granting the father residence of their child.
The couple separated and the father made an application for contact with his child to be resumed.
The local authority expressed concern about the mother’s partner who had a history of domestic violence. The father then indicated that he was applying for residence of the child.
The local authority and guardian recommended that the child should live with the father unless the mother separated from her partner.
The mother and her partner separated but it soon became apparent that they were in fact still in regular contact. At court the mother would not make an undertaking to prevent the child from being in contact with her partner. The mother wanted to call her partner and mother to give evidence. The judge refused and the father was awarded an interim residence order. The mother appealed.
The appeal was allowed. The judge did not allow the mother and her witnesses argue the accusations put to them. The judge had erred in the way he regulated the evidence.
The orders were overturned and a new hearing was required.
If you would like advice on issues relating to children please contact our Family Law Department for a free initial appointment in Eastbourne 01323 727321, Hailsham 01323 841481 or Polegate 01323 487051.