C (A Child) [2013] EWCA Civ 1412 (21 November 2013)

The CA allowed a Father’s appeal against a order prohibiting him from removing his child from the Mother’s care and providing for indirect contact only. The CA identified numerous, serious procedural defects arising largely from the fact that neither party was legally represented and there was no judicial continuity. The conduct of Cafcass was also criticised and guidance given as to the conduct of cases in the light of the loss of public funding. The Court set aside the order, remitting the matter for re-hearing in another court with a Judge to be allocated by the Family Division Liaison Judge. The child was joined as a party NYAS requested to represent him.