The mother had made allegations of domestic violence against the father in her claim for a residence order. She appealed dismissal of the claim, saying that the judge had dismissed the case after hearing the mother’s evidence only on the basis that she had not discharged the burden of proof on her.
Held: In a disputed case, the judge should make no finding until all the evidence had been heard. This was a public law case, and the procedure of no case to answer has no place in it. The court had a duty to the child.
Judges:
Lord Justice Thorpe, Lord Justice Wall and Lord Justice Stanley Burnton
Citations:
Times 29-Aug-2008
Jurisdiction:
England and Wales
Citing:
Cited – In re Y and K (Children) CA 7-Apr-2003
. .
Cited – Somerset County Council v DFM (the Father) and Another; In re F CA 31-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.
Family, Children
Updated: 18 June 2022; Ref: scu.279862
