This is a really interesting case and is not an uncommon situation which we are Freeths have come across on many occasions i.e. where we have been instructed by father (usually) in relation to contact which is being denied by mother with whom the children live. We have come across many similar situations where there are allegations of abuse both physical and sexual by mother which allegations are used as the reason for denying contact. The difficulties of getting to the truth of the allegations are set out quite clearly in this judgement as is the necessity for such matters, which usually involve many hearings, to remain with one judge rather than be passed from judge to judge. It also screams out how unjust it is for there to be no public funding available for clients in such a case meaning that they have to represent themselves when they are clearly in need of legal help. Quite how removing legal aid is cost efficient when it means that court hearings are longer and usually more plentiful still has to be shown I believe.
An intractable contact case where Mr Justice Holman highlights the need for judicial continuity in cases like this. The fact that he was a visiting High Court judge and was not expected to be sitting in that area again during 2016 made it particularly inappropriate and unsuitable that a case of this kind was listed before him.