Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
Read on
WARDSHIP: Re A (Fact-Finding: Disputed Findings) [2011] EWCA Civ 12
Date:15 MAR 2011

(Court of Appeal; Richards, Aikens, Munby LJJ; 19 January 2011)

The father was caring for the child. At a twenty day the fact-finding hearing the mother alleged sexual misconduct during the marriage by the father. The father made counter allegations.  The judge disbelieved both parents on many aspects of the evidence, but accepted the mother's core allegations.

The father applied for permission to appeal. Permission was granted only for certain grounds and the appeal allowed in part. The Court of Appeal observed that in such complex cases it was at a disadvantage when trying to consider appeals from fact-finding hearings as it could not hear the witnesses as they give evidence.