S (Children) [2007] EWCA Civ 694 (14 June 2007)

S (Children) [2007] EWCA Civ 694 (14 June 2007)

The trial judge was entitled to make the findings of fact he did based on the credibility of the parties and the totality of the evidence. The failure to specifically reference the expert evidence of Professor Beail did not amount to an error, as the judge was not required to follow the expert's views on credibility, and there was no indication that the evidence was ignored or rejected. The appeal was therefore dismissed.

Citation
[2007] EWCA Civ 694
Parties
First Appellant Father: SR; Second Appellant Grandparents: MR and PA; Respondent Mother: TS
Jurisdiction
England and Wales
Judgment Date
14 June 2007
Procedural Posture
Appeal / Permission to Appeal With Appeal to Follow If Granted
Outcome
Appeal dismissed
Legal Topics
Contact Proceedings, Domestic Violence, Fact Finding Hearings, Expert Evidence, Appeal Procedure
Family Law Contact Proceedings Domestic Violence Fact Finding Hearings Expert Evidence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

SR

First Appellant Father

MR and PA

Second Appellant Grandparents

TS

Respondent Mother

Procedural Posture

Appeal / Permission to Appeal With Appeal to Follow If Granted

Legal Issues

  1. 1 Whether the trial judge erred in making findings of fact regarding domestic violence and the involvement of the paternal grandparents and father
  2. 2 Whether the trial judge failed to address or analyse the expert evidence of Professor Beail and give reasons for departing from it

Ratio Decidendi

The trial judge was entitled to make the findings of fact he did based on the credibility of the parties and the totality of the evidence. The failure to specifically reference the expert evidence of Professor Beail did not amount to an error, as the judge was not required to follow the expert's views on credibility, and there was no indication that the evidence was ignored or rejected. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Application for permission to appeal granted; appeal dismissed for both appellants