Custody Appeal Procedural Violation Cured by Full Appellate Review

In a case where a party appealed a decision restricting parental rights and removing custody of an infant, the higher court addressed the procedural violation that occurred when the lower appellate court ruled on a request to reinstate the suspensive effect of the initial administrative appeal without first disclosing the opposing party's substantive response (a statement of opinion) to the appellant. The court reasoned that failing to provide the appellant with a statement of opinion from the lower authority, which contained new factual assertions and assessments beyond merely reiterating the existing record, violated the appellant's right to a fair trial under the ECHR and constitutional rights to be heard. Although this constituted a breach of procedural fairness, the court deemed the violation "cured" in the higher appeal because the final appellate instance had full review capabilities and the appellant was ultimately able to present her arguments fully, balancing the procedural defect against the significant interest in a swift resolution concerning child custody.