Following the Court of Appeal guidance case of Re H-N and Others (children) (domestic abuse: finding of fact hearings)  EWCA Civ 448 in which Dr Proudman successfully applied for permission to appeal out of time on behalf of three of the mothers and successfully appealed the decision in Re B-B, Dr Proudman has been instructed in many other appeals where it is alleged that the family court has failed to properly address the mother’s allegations of abuse.
Last week, Dr Proudman successfully achieved permission to appeal in two domestic abuse cases.
Dr Proudman was instructed by Cramp and Mullaney to seek permission to appeal out of time on behalf of the mother in a case concerning allegations of rape, domestic abuse and coercive control. The trial judge did not make findings on the mother’s allegations. The mother appealed the trial judge’s decision and permission to appeal was granted out of time before Mrs Justice Judd sitting in the Family Division of the High Court. The matter will be listed for a substantive appeal hearing before a Judge of the High Court.
Dr Proudman was instructed through direct access on behalf of the mother to seek permission to appeal the trial judge’s failure to make findings of domestic abuse and coercive control. The application for permission to appeal was granted by a Circuit Judge on the papers. The matter shall be listed for a substantive appeal hearing before a Circuit Judge.
In both of the cases, the mother’s seek a proper determination of the factual matrix of the allegations made in order for a thorough risk assessment to be undertaken in order to ensure that the children are not at risk of harm when having contact with the alleged perpetrator (see PD12J).
Related barristers: Dr Charlotte Proudman