ZZ & Ors (Children), Re [2014] EWFC 9 (12 June 2014)

ZZ & Ors (Children), Re [2014] EWFC 9 (12 June 2014)

The District Judge did not reverse the burden of proof and was entitled to reject the retraction evidence as not credible. Given this, there was no factual or legal basis to discharge or vary the original findings, regardless of the legal test applied. The appeal was therefore dismissed.

Source-derived case information.

Citation
[2014] EWFC 9
Parties
Appellant (father): SA; Respondent: Local Authority; Children (respondents): ZZ and AZ; Children (respondents): FA, ARA, KA and ASA (by their children's guardian); Mother: ZN
Jurisdiction
England and Wales
Judgment Date
12 June 2014
Procedural Posture
Family Law Appeal / Appeal From District Judge's Decision in Ongoing Care Proceedings
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Reconsideration of Findings, Burden of Proof, Threshold Criteria, Split Hearings, Special Guardianship Orders
Family Law Child Protection Care Proceedings Reconsideration of Findings Burden of Proof Threshold Criteria Split Hearings Special Guardianship Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

SA

Appellant (father)

Local Authority

Respondent

ZZ and AZ

Children (respondents)

FA, ARA, KA and ASA (by their children's guardian)

Children (respondents)

ZN

Mother

Procedural Posture

Family Law Appeal / Appeal From District Judge's Decision in Ongoing Care Proceedings

Legal Issues

  1. 1 Whether the District Judge erred in law in her approach to reviewing findings in light of retractions in ongoing care proceedings
  2. 2 Whether the burden of proof was wrongly reversed
  3. 3 Whether the threshold criteria for care orders were met

Ratio Decidendi

The District Judge did not reverse the burden of proof and was entitled to reject the retraction evidence as not credible. Given this, there was no factual or legal basis to discharge or vary the original findings, regardless of the legal test applied. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Original findings of fact and care orders remain in place
  • No rehearing or variation of findings