N (children), Re [2015] EWFC B98 (02 July 2015)

N (children), Re [2015] EWFC B98 (02 July 2015)

The appeal was dismissed because the fact-finding judge's assessment of the mother's credibility was reasoned and within his discretion, the burden of proof was not met by the mother, and the judge's subsequent dismissal for unrelated judicial misconduct did not undermine the integrity or fairness of his findings in this case.

Citation
[2015] EWFC B98
Parties
Applicant/mother: DN; Respondent/father: RN
Jurisdiction
England and Wales
Judgment Date
02 July 2015
Procedural Posture
Family Law Appeal / Appeal Against Fact Finding Judgment; Application for Permission to Appeal
Outcome
Appeal dismissed; permission to withdraw application for oral hearing granted; father's undertaking to not enter Norfolk released.
Legal Topics
Domestic Violence, Child Contact, Fact Finding Hearing, Judicial Conduct, Appeals
Family Law Child Law Domestic Violence Child Contact Fact Finding Hearing Judicial Conduct Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

DN

Applicant/mother

RN

Respondent/father

Procedural Posture

Family Law Appeal / Appeal Against Fact Finding Judgment; Application for Permission to Appeal

Legal Issues

  1. 1 Whether the fact-finding judge erred in rejecting allegations of domestic abuse, rape, and child cruelty against the father
  2. 2 Whether the judge's subsequent dismissal for judicial misconduct undermined the integrity of his findings
  3. 3 Whether the mother's appeal had merit on any of the 10 grounds advanced

Ratio Decidendi

The appeal was dismissed because the fact-finding judge's assessment of the mother's credibility was reasoned and within his discretion, the burden of proof was not met by the mother, and the judge's subsequent dismissal for unrelated judicial misconduct did not undermine the integrity or fairness of his findings in this case.

Court Disposition

Appeal dismissed; permission to withdraw application for oral hearing granted; father's undertaking to not enter Norfolk released.

Orders

  • Appeal on all grounds dismissed on the merits.
  • Permission granted for mother to withdraw application for oral hearing.