(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.