Court of Appeal overturns child arrangements order after disputed domestic abuse allegations were treated as established fact – St. John’s Chambers
‘The appeal concerned D, a seven-year-old child who had remained living with her father and attending her existing school after her parents separated. The mother applied for D to move approximately 50 miles away to live with her and change schools, alleging domestic abuse and coercive and controlling behaviour by the father. Although Cafcass initially recommended a fact-finding hearing, the Family Court decided that one was unnecessary. A later section 7 report nevertheless assessed the disputed allegations, regarded the mother’s account as more compelling and recommended an immediate transfer of D’s residence to the mother as the “only emotionally safe option”. The Deputy District Judge adopted that recommendation and ordered D to live with the mother and change schools. The father’s first appeal was dismissed in relation to residence and schooling.’
St. John's Chambers, 31st July 2026
Source: www.stjohnschambers.co.uk
