Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
Unequal chances? Ethnic disproportionality in child welfare and family justice
Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society.In the family justice...
Changes to the law on Domestic Abuse
Official statistics (ONS (2016), March 2015 Crime Survey for England and Wales (CSEW)) show that around 2 million people suffer from some form of domestic abuse each year in the UK. In...
Managing costs in complex children cases
In November 2020 Spice Girl Mel B was in the news, despairing about how the legal costs of trying to relocate her daughter Madison from the US to England were likely to bankrupt her, leading to her...
View all articles
Authors

FACT-FINDING HEARING/APPEAL: Re M (Fact-Finding Hearing: Appeal) [2013] EWCA Civ 388

Sep 29, 2018, 21:05 PM
Slug : fact-finding-hearing-appeal-re-m-fact-finding-hearing-appeal-2013-ewca-civ-388
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 1, 2013, 03:11 AM
Article ID : 102357

(Court of Appeal, Sullivan, Rafferty LJJ, Ryder J, 20 March 2013)

When the parents of two children, aged 7 and 6, separated the father sought contact. A fact-finding hearing took place to determine the truthfulness of the mother's allegations against the father. Findings were made that: the father raped the mother; the father assaulted the mother; the father twice smacked one of the children; the father claimed that having one of the children sat on his lap gave him an erection and that the mother did not make that allegation maliciously; the father was responsible for a message sent from the mother's Facebook account. The father appealed.

It was not necessary for a judge to give a reason for every decision. That would only be required where there would otherwise be a logically fatal inconsistency which would render the judge's acceptance of evidence plainly wrong. In a case such as this though there was often little more that a judge could say on a particular issue other than that he believed X or disbelieved Y.

There could be no complaint of the judge's careful analysis of the allegations and it was clear that the mother's evidence was preferred to that of the father. The allegations were taken in the context of that view as to credibility and careful reasons were provided for that decision. Appeal dismissed.

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from