A, H, C, & W (Children), Re

A, H, C, & W (Children), Re

The trial judge's findings that the injury was non-accidental, occurred after discharge from hospital, and was caused by the father were supported by the evidence. The judge conducted a proper fact-finding exercise, and there was no basis for appellate interference.

Parties
Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
20 October 2009
Procedural Posture
Appeal / Judgment on Appeal From Findings of Fact in Brighton County Court
Outcome
Appeal dismissed
Legal Topics
Non Accidental Injury, Fact Finding Hearing, Parental Responsibility, Child Welfare
Family Law Child Protection Non Accidental Injury Fact Finding Hearing Parental Responsibility Child Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

Father

Appellant

Mother

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Findings of Fact in Brighton County Court

Legal Issues

  1. 1 Whether the injury to the child was accidental or non-accidental
  2. 2 When the injury to the child occurred
  3. 3 Whether the trial judge's findings of fact were justified on the evidence

Ratio Decidendi

The trial judge's findings that the injury was non-accidental, occurred after discharge from hospital, and was caused by the father were supported by the evidence. The judge conducted a proper fact-finding exercise, and there was no basis for appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; findings of fact by trial judge upheld