IJ v KL

IJ v KL

The judge's approach to the fact-finding hearing was consistent with current legal principles, focusing on relevant patterns of behaviour and welfare issues. The findings were supported by the evidence, the judge properly directed herself on the law, and there was no procedural irregularity or unfairness. The appeal had no real prospect of success.

Parties
Appellant: IJ; Respondent: KL
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family Appeal / Permission to Appeal (ruling)
Outcome
Permission to appeal refused
Legal Topics
Fact Finding Hearing, Domestic Abuse, Marital Rape, Contact Arrangements, Appeals Procedure, Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

IJ

Appellant

KL

Respondent

Procedural Posture

Family Appeal / Permission to Appeal (ruling)

  1. 1 Whether the fact-finding hearing was procedurally unfair due to alleged irregularity
  2. 2 Whether the judge's findings of fact were contrary to the weight of evidence or unsupported by evidence
  3. 3 Whether the judge's decision-making process was defective, rendering findings unsafe

Ratio Decidendi

The judge's approach to the fact-finding hearing was consistent with current legal principles, focusing on relevant patterns of behaviour and welfare issues. The findings were supported by the evidence, the judge properly directed herself on the law, and there was no procedural irregularity or unfairness. The appeal had no real prospect of success.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal on all grounds is refused.