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(Court of Appeal, Maurice Kay, Lewison, Munby LJJ, 12 October 2012)
A residence order in favour of the mother was in place in respect of the 9-year-old boy. Provision for contact with the father had been made but there were difficulties and the mother claimed she would not permit unsupervised contact.
The father's application for residence of the boy was dismissed and he was refused permission to cross-examine the mother on the issue of her attitude towards contact. The father appealed.
The appeal was allowed. The matter cried out for investigation and both the father and child's right to a fair hearing had been denied. A re-trial before a different judge was ordered.