K, Re [2022] EWCA Civ 468 (08 April 2022)

K, Re [2022] EWCA Civ 468 (08 April 2022)

The findings of rape and coercive/controlling behaviour were unsafe due to the judge's failure to consider the evidence in the round, including inconsistencies and credibility issues. The fact-finding hearing was prematurely ordered without proper identification of welfare issues or relevance of allegations. The appeal is allowed and the matter remitted for reconsideration in line with Re H-N and this judgment.

Citation
[2022] EWCA Civ 468
Parties
Applicant/appellant/father: K; Respondent/mother: K
Jurisdiction
England and Wales
Judgment Date
08 April 2022
Procedural Posture
Appeal (family Law Child Arrangements) / Court of Appeal Judgment on Appeal From Family Court
Outcome
Appeal allowed; findings of fact and related orders set aside; case remitted for reconsideration.
Legal Topics
Fact Finding Hearings, Domestic Abuse Allegations, Child Arrangements Orders, Parental Alienation, Mediation Information and Assessment Meeting (miam), Coercive and Controlling Behaviour, Standard of Proof in Family Proceedings
Family Law Child Law Fact Finding Hearings Domestic Abuse Allegations Child Arrangements Orders Parental Alienation Mediation Information and Assessment Meeting (miam) Coercive and Controlling Behaviour +1 more

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Parties

K

Applicant/appellant/father

K

Respondent/mother

Procedural Posture

Appeal (family Law Child Arrangements) / Court of Appeal Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the findings of fact made by District Judge Capon should be overturned
  2. 2 Whether the fact-finding hearing was properly ordered and conducted
  3. 3 Whether the finding of rape and coercive/controlling behaviour was safe

Ratio Decidendi

The findings of rape and coercive/controlling behaviour were unsafe due to the judge's failure to consider the evidence in the round, including inconsistencies and credibility issues. The fact-finding hearing was prematurely ordered without proper identification of welfare issues or relevance of allegations. The appeal is allowed and the matter remitted for reconsideration in line with Re H-N and this judgment.

Court Disposition

Appeal allowed; findings of fact and related orders set aside; case remitted for reconsideration.

Orders

  • Fact-finding judgment and schedule to order dated 25 August 2020 set aside
  • Matter remitted to a Circuit Judge to decide if a fresh fact-finding hearing is required