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19th Dec 2025 | News
Natasha Miller, instructed by Family First Solicitors, appeared for the Appellant Mother in X and Y [2025] EWFC 411 (B); an appeal of a case management decision made by DJ Mian in Wolverhampton in respect of whether a fact-finding hearing was necessary. Permission to appeal was granted and the appeal was allowed, the Court finding that the district judge’s decision was impacted by a ‘fundamental flaw’ as she had not read the Mother’s statement. The appeal was allowed on multiple grounds, the district judge having placed undue weight on professionals’ views regarding contact and placing limited weight on the significance of potentially coercive and controlling behaviour.
The court ultimately made findings about the admissions made by the Father, highlighting his harmful behaviour, such that no fact-finding was necessary, and the matter could proceed straight to a final hearing. This case serves as a pertinent reminder of the importance of admissions, the impact they can have on whether or not a fact-finding hearing is necessary and the need to analyse them in the wider context of allegations made by the other party. It is also a key reminder of the importance of correctly applying the case law and guidance from the Practice Directions.