K v G

K v G

The independent dating of the photographs of the father's injuries undermined his reliability and credibility regarding the timing and context of the alleged assault, and the Recorder would have been bound to take this into account; therefore, the finding against the mother was set aside.

Parties
Appellant: K; Respondent: G
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; finding set aside
Legal Topics
Children Act Proceedings, Fact Finding Hearing, Domestic Violence, Appeal Procedure
Family Law Children Act Proceedings Fact Finding Hearing Domestic Violence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

K

Appellant

G

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Recorder's finding that the mother assaulted the father was correct in light of new evidence regarding the date of alleged injuries

Ratio Decidendi

The independent dating of the photographs of the father's injuries undermined his reliability and credibility regarding the timing and context of the alleged assault, and the Recorder would have been bound to take this into account; therefore, the finding against the mother was set aside.

Court Disposition

Appeal allowed; finding set aside

Orders

  • The finding of the Recorder that the mother assaulted the father is set aside.
  • No order for rehearing; the matter will rest as it is.