The parents sought defined contact arrangements after a divorce, with differing proposals. It was said that the father had been unable to move on following the relationship breakdown, and the mother sought a condition on contact that the father receive psychiatric assessment. The father came to reject the judge’s independence. The court made contact orders but also orders restraining publication of the matters before the court, and against the husband. He now appealed, asking the order to be set aside because he had not been given a fair hearing.
Held: The burden on a party in establishing bias is substantial. In his relationship with a litigant in person, the judge must be a shepherd and not a wolf. Parts of the order were immoderate and not supported by any evidence of need. The appeal was allowed in part, removing certain parts of the order, and extending the contact.
Judges:
Lord Justice Thorpe Lord Justice Keene And Sir Swinton Thomas
Citations:
[2001] EWCA Civ 1880
Links:
Jurisdiction:
England and Wales
Children, Litigation Practice
Updated: 05 June 2022; Ref: scu.167844