T (Appeal: Findings of Fact), Re

T (Appeal: Findings of Fact), Re

The judge erred by contaminating his factual findings with criminal law concepts, specifically by applying the defence of reasonable chastisement and focusing on criminal definitions of rape, rather than making narrative findings relevant to the child's welfare. The findings on physical abuse must be reframed as factual narrative without reference to criminal defences, and the finding on sexual abuse must be set aside and remitted for reconsideration.

Parties
Appellant: B; Respondent: E
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Family Law Appeal / Judgment on Appeal From Fact Finding Hearing
Outcome
Appeal allowed in part
Legal Topics
Fact Finding Hearings, Reasonable Chastisement, Physical Abuse, Sexual Abuse, Application of Criminal Law Concepts in Family Proceedings
Family Law Child Law Fact Finding Hearings Reasonable Chastisement Physical Abuse Sexual Abuse Application of Criminal Law Concepts in Family Proceedings

Case Brief

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Parties

B

Appellant

E

Respondent

Procedural Posture

Family Law Appeal / Judgment on Appeal From Fact Finding Hearing

Legal Issues

  1. 1 Whether the trial judge erred by applying criminal law concepts, specifically the defence of reasonable chastisement, in a family law fact-finding context
  2. 2 Whether the judge failed to properly assess the allegation of rape by focusing on criminal law definitions rather than the factual narrative relevant to welfare
  3. 3 Whether the judge's findings on physical and sexual abuse were contaminated by inappropriate legal standards

Ratio Decidendi

The judge erred by contaminating his factual findings with criminal law concepts, specifically by applying the defence of reasonable chastisement and focusing on criminal definitions of rape, rather than making narrative findings relevant to the child's welfare. The findings on physical abuse must be reframed as factual narrative without reference to criminal defences, and the finding on sexual abuse must be set aside and remitted for reconsideration.

Court Disposition

Appeal allowed in part

Orders

  • The finding on physical abuse is reframed as: 'The father struck T with a slider on three separate occasions, on one occasion causing a transitory mark.'
  • The finding on the allegation of rape is set aside and remitted for reconsideration by the Family Court in Nottingham.