F v M (Appeal: Fact Finding: Domestic Abuse: Adequate Reasons)

F v M (Appeal: Fact Finding: Domestic Abuse: Adequate Reasons)

The judge at first instance provided sufficient reasons for his findings, properly assessed the credibility of both parties, and adequately addressed the issue of consent in the context of the allegations. The appellate court found no error in the judge's approach or reasoning and dismissed the appeal on all grounds.

Parties
Applicant: A Father; Respondent: A Mother
Jurisdiction
England and Wales
Judgment Date
03 April 2023
Procedural Posture
Family Law Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Domestic Abuse, Fact Finding, Appeal Procedure, Consent in Sexual Offences, Judicial Reasoning
Family Law Domestic Abuse Fact Finding Appeal Procedure Consent in Sexual Offences Judicial Reasoning

Case Brief

Summary, issues, holding and outcome

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Parties

A Father

Applicant

A Mother

Respondent

Procedural Posture

Family Law Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge failed to provide adequate reasons for findings of domestic abuse
  2. 2 Whether the trial judge failed to properly analyse the credibility of the parties
  3. 3 Whether the trial judge failed to properly address the issue of consent in allegations of sexual abuse

Ratio Decidendi

The judge at first instance provided sufficient reasons for his findings, properly assessed the credibility of both parties, and adequately addressed the issue of consent in the context of the allegations. The appellate court found no error in the judge's approach or reasoning and dismissed the appeal on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Matter referred to the trial judge for further case management and listing of a welfare hearing