Fact-finding hearing refused

In the matter of C (children) [2009] EWCA Civ 994

Despite the father having been convicted and sentenced for crimes of physical violence against the mother and his undertaking to refrain from violence or harassment in the future, a CAFCASS officer had asserted that a fact-finding hearing was necessary and that his application for contact could not move on without an assessment. The Court of Appeal applauded the decision of the circuit judge that in the circumstances a fact-finding hearing was unnecessary and would be wasteful both of judicial resources and of public funding. No allegation of fresh domestic violence of any significance had been made since and there had never been any suggestion of violence to the child.