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(Family Division; Hedley J; 31 July 2008)
A judge had been entitled to refuse to hear oral evidence on an application for shared residence, having heard evidence at length on the same issues at a hearing 6 months earlier. The judge's decision not to allow the father the opportunity to cross-examine the guardian concerning her supplemental report was also justified; the judge would almost certainly have arrived at the same decision had the guardian been cross-examined. The trial had been fair.
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