A (A Child) (Error of Fact in Judgment), Re

A (A Child) (Error of Fact in Judgment), Re

The judge’s statement regarding the father’s convictions for offences of serious violence towards his partner was factually incorrect; the record must be amended to accurately reflect the father’s criminal history.

Parties
Appellant: J; Respondent: K
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Children Act 1989, Contact Orders, Error of Fact
Family Law Children Act 1989 Contact Orders Error of Fact

Case Brief

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Parties

J

Appellant

K

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in stating the father had convictions for offences of serious violence towards his partner

Ratio Decidendi

The judge’s statement regarding the father’s convictions for offences of serious violence towards his partner was factually incorrect; the record must be amended to accurately reflect the father’s criminal history.

Court Disposition

appeal allowed in part

Orders

  • The sentence in the original judgment is amended to state the father had a conviction for assault occasioning actual bodily harm in 1988, not involving a partner, and has not been convicted of any offence of violence since then.
  • The essential findings and decision regarding contact remain intact.