“78. In the foregoing circumstances, I am satisfied that there is force in the father’s complaint that the learned Judge proceeded to make a final child arrangements order without proper consideration of the arguments. Indeed, I am satisfied that, as is clear from the transcript and as conceded by Mr Persson and Ms Topping before this court, the learned Judge heard no substantive submissions on the merits of the father’s case, or indeed the case of the mother or the Children’s Guardian before making final orders. Within this context, the learned Judge moved to make a final child arrangements order in a case that remained contested without hearing submissions on the issues at the heart of the case.”
This judgment is an appeal, where nobody involved comes out of it well. There were moments when reading it where it was SO awkward that I felt each individual vertebrae try to leave my body so that they could stop dealing with the level of “awkward! warning awkward!” nerve signals that they were sending hither and thither.
Let us begin by saying that I don’t know ANY of the individuals concerned in the case, and I think in the interests of fairness it is best to read this whole thing on the basis that everyone involved on that day was just having one of those bad days and that succession of individual bad days cascaded and collided into a day so bad that it almost reads as though the Court had been the subject of some form of hallucinogenic gas attack.
A v R & Anor 2018
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