Appeal in family court

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My ex and I had a court order in place. He had applied to the court initially and the resulting order was everything which I'd offered anyway.

For a variety of reasons, I applied to the court to vary the order. We had a hearing where cafcass recommended no increase in contact, as stipulated by the old order, until further notice.

We then had a hearing in front of a district judge. He initially ruled in the hearing that the planned increase in contact could go ahead in the interim pending a section 7 report and final hearing. Two days later, we received a letter stating he'd reversed that decision based on having consulted cafcass, which apparently the judge didn't do initially. Cafcass report said no increased contact.

Because of this, my son's father has launched an appeal based on process. Although my interpretation is that the judge corrected a wrong decision after he consulted Cafcass.

Anyway, as part of the appeal, he's suggested that I have asked my close family member, who is a senior politician, to intervene and that is why the judge reversed their decision. The implication being that both my family and the judge are engaging in unlawful corruption.

It's not the first time he's made bizarre accusations. In the last hearing, he suggested I was mad and my medical notes were released to the judge.

I know he's clutching at straws and throwing accusations around that are totally baseless. However, we now have his appeal hearing on 2nd January and I just wanted some advice as to how to play this. I feel like his accusations about corruption need addressing but I don't know how. I can't afford legal advice anymore so any advice I'd be really grateful for.

Thanks

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Can your family member that is a senior politician not access some legal advice through his job?

Honestly I work in the family Court and I very much doubt he has any real basis to appeal. The hearing in January will determine whether there is any grounds to appeal and most of these applications get turned down. Even if it gets to the actual appeal hearing, the most they will probably do is request another hearing to determine the level of contact. The appeal will be based on a point of law, not the actual conclusion of that particular Judge. Can you request a psychological assessment of him given his bizarre and paranoid accusations?

Hi. Thanks for your help.

Alice - I think the hearing on 6th January is actually the appealing. The final hearing following cafcass report wasn't due to 18th February, so I think they have accepted his application for leave to appeal and granted the hearing

Hmm that's odd. Who granted the leave to appeal? He's not going to win the appeal if his main argument is based on paranoid accusations as the court only deal with evidence. I hope it gets sorted out for you, remember it's for him to prove his accusations are true, you don't have to prove anything at all.

The allegation of corruption will be seen as laughable. You do not need to stress over that. Just say it is manifestly unreasonable.

BUT the judge changing his mind after a hearing without giving a party a chance to make representations raises a real prospect of a successful argument for procedural unfairness. So I can see why an appeal hearing has been listed.

Hopefully this hearing will give your ex an opportunity to make the submissions he should have been allowed to make. Then the Court can make a decision that is procedurally fair (hopefully in line with your position and that of CAFCASS). I would not stress too much about the appeal. Obviously you have to attend and take part, but it is up to him to do all the running really.

Hi lady Macbeth. This is really helpful. Just wondered if you were a family solicitor and could get advice?

I get procedural unfairness although my argument would be that in changing the decision he was correcting a wrong. But could I argue that even if there was procedural unfairness, the correct remedy for that isn't just to simply reverse the decision about contact in a way that impacts the child potentially adversely?