Father v Mother & Anor

Father v Mother & Anor

The lower court's reasons did not sustain the finding of sexual touching by the father. There was a misunderstanding of the evidence and no reasonable judge could have reached the conclusion that was reached. The appeal was allowed and the findings set aside.

Parties
Appellant: Father; First Respondent: Mother; Second Respondent: The Child (by her 16.4 Guardian)
Jurisdiction
England and Wales
Judgment Date
03 October 2025
Procedural Posture
Family Law Appeal / Judgment on Appeal From Fact Finding and Child Arrangements Orders
Outcome
Appeal allowed; findings and child arrangements order set aside; fresh fact-finding hearing ordered.
Legal Topics
Appeal, Fact Finding Hearing, Child Arrangements Order, Sexual Abuse Allegations, Children Act 1989
Family Law Child Protection Appeal Fact Finding Hearing Child Arrangements Order Sexual Abuse Allegations Children Act 1989

Case Brief

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Parties

Father

Appellant

Mother

First Respondent

The Child (by her 16.4 Guardian)

Second Respondent

Procedural Posture

Family Law Appeal / Judgment on Appeal From Fact Finding and Child Arrangements Orders

Legal Issues

  1. 1 Whether the lower court's finding of sexual touching by the father was wrong or unjust
  2. 2 Whether the child arrangements order based on that finding should be set aside

Ratio Decidendi

The lower court's reasons did not sustain the finding of sexual touching by the father. There was a misunderstanding of the evidence and no reasonable judge could have reached the conclusion that was reached. The appeal was allowed and the findings set aside.

Court Disposition

Appeal allowed; findings and child arrangements order set aside; fresh fact-finding hearing ordered.

Orders

  • The finding of sexual touching by the father is set aside.
  • The child arrangements order of 5 February 2024 is set aside.