Court Appeal
Posted: Mon Jun 04, 2018 12:58 pm
Scenario...
Mother (respondent) is not represented, father is. Section 7 report requested by the court. Cafcass worker asked to attend Final Hearing but does not show. Judge asks both parties if they wish to postpone - both parties decline. Judge and father’s Barrister tell mother they would advise her to wait so she can cross-examine the Cafcass Worker. Barrister tells mother if she was representing her she would tell her to adjourn. Mother does not take advice and wishes to go ahead ‘to get it done.’ She states she only has one question for the Cafcass worker of which she asks the Judge throughout the Hearing.
The Judge decides to go ahead with the Hearing despite Cafcass Worker not being in attendance due to both parties being happy to pursue the matter that day. Mother is now appealing because she states the Cafcass Worker didn’t attend and even though she said she wanted to proceed the Judge should have known better and adjourned, especially as father was represented and the section 7 report was in his favour.
Who is at fault? Did the Judge do anything wrong? Can she base an appeal on this?! The Judge actually allowed mother’s husband to be in the court room as her McKenzie friend due to father being represented and her not.
Mother (respondent) is not represented, father is. Section 7 report requested by the court. Cafcass worker asked to attend Final Hearing but does not show. Judge asks both parties if they wish to postpone - both parties decline. Judge and father’s Barrister tell mother they would advise her to wait so she can cross-examine the Cafcass Worker. Barrister tells mother if she was representing her she would tell her to adjourn. Mother does not take advice and wishes to go ahead ‘to get it done.’ She states she only has one question for the Cafcass worker of which she asks the Judge throughout the Hearing.
The Judge decides to go ahead with the Hearing despite Cafcass Worker not being in attendance due to both parties being happy to pursue the matter that day. Mother is now appealing because she states the Cafcass Worker didn’t attend and even though she said she wanted to proceed the Judge should have known better and adjourned, especially as father was represented and the section 7 report was in his favour.
Who is at fault? Did the Judge do anything wrong? Can she base an appeal on this?! The Judge actually allowed mother’s husband to be in the court room as her McKenzie friend due to father being represented and her not.