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Judgment: The father appealed against an order that he should only have indirect contact with his children (aged 8 and 7), that they should live with their mother, and that he should excluded from making decisions with respect to their education and health. Judd J DBE concluded that this appeal should be allowed. The recommendation of the Cafcass officer, as accepted by the judge, had been based upon the officer's view that the father had engaged in coercively controlling and abusive behaviour, but these findings had not formally been sought and there had not been a fact-finding hearing. The Cafcass officer had not observed the children with their father. If the recorder had weighed in the balance the harm that could be caused to the children by the immediate loss of their relationship with the father, it was not apparent from the judgment. The case was remitted for rehearing, and would have to be listed for another FHDRA, where questions such as separate representation for the children, the ambit of any fact-finding hearing, and whether there should be a psychological assessment of the father would be considered.

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