I’m in no way a lawyer, and I don’t have any real experience in how cases like this are dealt with. But I do read the familylaw website, which maybe gives me a little insight into how decisions are made.
Obviously we don’t have the full details, but I wonder if the more recent focus on the decisions of the European Court of Human Rights, especially with an eye to prisoners’ rights, played a role in the father gaining legal aid. But that doesn’t explain why the mother didn’t get legal aid as a victim of domestic abuse. (And he got only nine years?!)
Also, there’s been a lot of emphasis on keeping contact between a child and his/her birth family, for the benefit of the child growing up knowing their heritage/family origins. That latter point has possibly been reinforced by decisions in adoption cases, where there is now the emphasis that adoption should only happen when “nothing else will do” as that will permanently sever the connections between adopted children and their birth family/heritage. I wonder if the courts have been influenced by the allegations of “baby snatching by social workers to fulfil their quotas” which occurred a few years ago, such that some judges are now wary of severing any connection between a child and a parent lest it seem draconian.
I recall one decision where contact between a child and his/her father was refused, on the grounds of the psychological damage to the mother which would then have an impact on the child, but I can’t remember which case that was.
On the face of it, this is a case that does need to be appealed to the Supreme Court. If the mother can’t get legal aid, I would hope that a legal team will come forward to act for her pro bono. Though, given the restrictions on legal aid in Family Law cases, the number of lawyers willing and able to do pro bono work will diminish. It’s supposedly all about the needs of children, but when momentous decisions (of whatever kind) are made about a child by a Court, then the state should fund the necessary costs to ensure that the child’s best interests are fully represented via experienced lawyers.