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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> F (Children)  EWCA Civ 49 (14 January 2013)
Cite as:  EWCA Civ 49
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ON APPEAL FROM DERBY COUNTY COURT
(HIS HONOUR JUDGE ORRELL)
Strand, London, WC2A 2LL
B e f o r e :
|IN THE MATTER OF F (Children)|
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The Respondent did not appear and was not represented.
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Lord Justice McFarlane:
"[Dr F] is an intelligent man but his case has a flaw which could be spotted with ease by a person with less intelligence but who is not caught up in the emotional turmoil. If the mother was only one quarter as bad as he describes her, [Dr F] would not have countenanced permitting the boys to remain unsupervised in her care for any length of time."
"The fact is, I did have concerns. However it is also true, and evident, that I only knew of the level of the problem after the separation. I did not know of this letter from the psychologist, and what it showed, until was revealed by the court. Had I known, I would have taken more care than I did".
With respect to Dr F, his response completely misunderstands the flaw identified by the judge which did not relate, or only relate, to the past but was grounded in the present with Dr F saying it was in the children's best interests to spend 50% of their time in the mother's care.
"Contact should and, because of the mother's progress, I feel reasonably confident, will be generous and along the lines suggested by Mrs Cook."
Dr F tells me, and he reads from the report he has available to him, that Mrs Cook, the CAFCASS Officer, was in fact recommending that the children would spend four nights of every week with their mother, and the other three nights with their father.
"I took the view the mother's proposal reflected Mrs Cook's suggestions."
Unless Mrs Cook changed her suggestions during the oral evidence, which neither Dr F nor I think she did, then it seems, as Dr F says, that the judge was in error in believing that what he was putting forward was endorsed by Mrs Cook.
Order: Application refused.