M v M (Rev1)

M v M (Rev1)

The trial judge's findings that the father assaulted the mother and that the section 31 threshold was not crossed were supported by the evidence and careful reasoning. The judge did not err in refusing to reopen fact finding or in granting residence to the mother with generous contact to the father. The appellate court found no error of law or principle justifying interference.

Parties
Appellant: M (Father); 1st Respondent: M (Mother); 2nd Respondent: South Gloucestershire Council; 3rd & 4th Respondent: M (Children) [By their Guardian MW]
Jurisdiction
England and Wales
Judgment Date
10 February 2010
Procedural Posture
Appeal (family Law Children) / Judgment on Consolidated Appeals From County Court Orders
Outcome
All appeals dismissed; all orders of the trial judge confirmed.
Legal Topics
Residence Orders, Care Orders, Section 31 Threshold, Fact Finding, Appeal Procedure
Family Law Child Law Residence Orders Care Orders Section 31 Threshold Fact Finding Appeal Procedure

Case Brief

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Parties

M (Father)

Appellant

M (Mother)

1st Respondent

South Gloucestershire Council

2nd Respondent

M (Children) [By their Guardian MW]

3rd & 4th Respondent

Procedural Posture

Appeal (family Law Children) / Judgment on Consolidated Appeals From County Court Orders

Legal Issues

  1. 1 Whether the trial judge erred in finding the father assaulted the mother
  2. 2 Whether the trial judge erred in refusing to reopen fact finding
  3. 3 Whether the trial judge erred in granting residence to the mother

Ratio Decidendi

The trial judge's findings that the father assaulted the mother and that the section 31 threshold was not crossed were supported by the evidence and careful reasoning. The judge did not err in refusing to reopen fact finding or in granting residence to the mother with generous contact to the father. The appellate court found no error of law or principle justifying interference.

Court Disposition

All appeals dismissed; all orders of the trial judge confirmed.

Orders

  • Appeals by father dismissed
  • Appeal by local authority dismissed