In Re J (Children) the Court of Appeal clarified the position where an alleged perpetrator of abuse is to cross examine their victim. This case related to a father seeking the appeal of an order for no contact/ limited provisions between him and his children. In his appeal he challenged the procedural steps taken by HHJ Allweis, as follows:
- The non-molestation order was allowed to remain in place without consideration of the facts.
- The father’s Mackenzie friend was refused rights of audience.
- No findings of fact were made.
- The court did not work to resolve the issues of the case and protect the children from the harm NYAS found they were suffering due to the mother’s behaviour.
The appeal would have been allowed as point 1 and 3 were made out and it was determined that a fact finding hearing should have taken place.
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