S (Children)

S (Children)

The trial judge was entitled to make the findings of fact he did based on the evidence and credibility assessments. The failure to specifically reference the expert evidence of Professor Beail did not undermine the judgment, as the judge was not required to follow expert opinion on issues of credibility. The appeal was dismissed as the findings were open to the judge on the evidence.

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
Outcome
Appeal dismissed
Legal Topics
Contact Proceedings, Domestic Violence, Fact Finding Hearings, Credibility of Witnesses
Family Law Contact Proceedings Domestic Violence Fact Finding Hearings Credibility of Witnesses

Case Brief

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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

Legal Issues

  1. 1 Whether the trial judge erred in his findings of fact regarding domestic violence and the involvement of the paternal grandparents
  2. 2 Whether the judge failed to address or analyse the expert evidence of Professor Beail
  3. 3 Whether the judge was entitled to make the findings he did based on the evidence

Ratio Decidendi

The trial judge was entitled to make the findings of fact he did based on the evidence and credibility assessments. The failure to specifically reference the expert evidence of Professor Beail did not undermine the judgment, as the judge was not required to follow expert opinion on issues of credibility. The appeal was dismissed as the findings were open to the judge on the evidence.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed