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Family Law

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26 JAN 2011

WARDSHIP/ APPEALS: Re A (Wardship: Appeal from Fact-Finding) [2010] EWCA Civ 1413

(Court of Appeal; Richards, Aikens and Munby LJJ; 14 December 2010)

In a lengthy fact finding hearing preliminary to a final hearing in wardship proceedings, the judge made pejorative findings of fact in relation to both the parents. The father appealed. At issue was whether he could appeal without an order having been made.

Held that the Court of Appeal had jurisdiction to hear an appeal from a fact finding hearing even if there was no substantive order. A judge on a fact finding hearing is entitled to explain his reasoning, including expressing suspicion where no finding of fact is made.


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