Court Report: Father's interim care order appeal
Monday, October 3, 2011
Case name: A (A Child); Case number: [2011] EWCA Civ 1037; Judge: Lord Justice McFarlane; Location: Court of Appeal (Civil division)
The father (F) of a 12-year-old girl (A) applied for permission to appeal the decision of Judge Cryan issuing an interim care order and requiring that all contact between the child and her paternal family be supervised; and the decision relating to outcomes of a fact-finding hearing. The application was set down for an oral hearing.
The findings of the hearing were based on allegations by A's mother, including alleged domestic and sexual abuse over 20 years.
Judge Cryan did not find the more serious allegations to be founded, but did find F to be "bullying and violent". F's application for permission to appeal focused on a criticism of these findings, and a claim that he suffered discrimination in the process as a result of his Greek origin and disability.
In appealing the interim care order, A's paternal family proposed that F's older son GE be made her carer. GE appeared in court on his father's behalf for the oral hearings as F was too ill to attend, and the judge found him to be "wholly partisan in his father's favour and capable of brazen dishonesty".
McFarlane LJ presided over the hearing, pointing out that strong evidence challenging Judge Cryan's approach would be needed for the appellate court to feel confident in granting the requested permission in relation to the fact-finding hearing, which was ultimately refused. With regard to the interim care order, McFarlane LJ expressed concern that A would suffer emotional harm if exposed directly, or though GE, to her father's dominant personality, and this was refused as well.
OTHER RECENT DECISIONS
Case name M (Children) [2011]
Case number EWCA Civ 1035
www.familylawweek.co.uk/site.aspx?i=ed85414
Case name K (Children)
Case number EWCA Civ 1064
www.familylawweek.co.uk/site.site.aspx?i=ed86086