Family Law Titles
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(Court of Appeal, Thorpe, Sullivan, Davis LJJ, 27 February 2013)
The 5-year-old child had severe allergies including food allergies. The father had been granted contact but sought staying contact which the mother opposed due to the need for the child's constant supervision.
The Cafcass officer supported the father's application but during the hearing expressed the concern that the mother's anxieties might have an adverse affect on the child. The judge rejected the Cafcass officer's recommendation for a psychological report and ordered staying contact with the father. The mother appealed.
Appeal allowed. The judge had failed to recognise the change of stance of the Cafcass officer and to provide reasons as to why he rejected the final recommendation.
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