B (Children)

B (Children)

The trial judge was entitled to accept M's evidence as reliable, having considered her psychological background and behaviour. Most corroborating evidence was properly admitted, but the finding that the father pushed M on 7 November 2011 was unsafe and must be struck out. The appeal otherwise fails.

Parties
Subject: B (Children); Appellant: Appellant Father; Respondent: Respondent Mother; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Family / Appeal
Outcome
Appeal dismissed save for modification of findings
Legal Topics
Fact Finding, Child Residence, Contact Orders, Prohibited Steps Order, Assessment of Witness Credibility, Hearsay Evidence
Family Law Fact Finding Child Residence Contact Orders Prohibited Steps Order Assessment of Witness Credibility Hearsay Evidence

Case Brief

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Parties

B (Children)

Subject

Appellant Father

Appellant

Respondent Mother

Respondent

Guardian

Guardian

Procedural Posture

Family / Appeal

Legal Issues

  1. 1 Whether the trial judge erred in accepting M's evidence without sufficient consideration of her psychological state
  2. 2 Whether the trial judge improperly relied on corroborating evidence, including hearsay, to support findings against the father
  3. 3 Whether the finding regarding the 7 November 2011 incident was safe

Ratio Decidendi

The trial judge was entitled to accept M's evidence as reliable, having considered her psychological background and behaviour. Most corroborating evidence was properly admitted, but the finding that the father pushed M on 7 November 2011 was unsafe and must be struck out. The appeal otherwise fails.

Court Disposition

Appeal dismissed save for modification of findings

Orders

  • Paragraph 1 of the schedule amended to strike out the finding that the father pushed M on 7.11.2011.
  • Clarification that certain incidents (the thong incident and failure to disclose a letter) are not corroborating matters or matters of concern under paragraph 2 of the schedule.