A (a boy), Re

A (a boy), Re

The appeal was allowed and all findings of the District Judge were set aside because the judge failed to provide sufficient reasoning, considered allegations in isolation rather than holistically, improperly admitted and relied on sexual history evidence, and did not adequately address the evidential basis for findings of fabrication, coercive control, or parental alienation. Procedural irregularities and lack of clarity in findings further undermined the judgment.

Parties
Appellant: Mother; 1st Respondent: Father; 2nd Respondent (child, Through Guardian): A (a boy)
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Family Law Children Act 1989 / Appeal From Fact Finding Judgment
Outcome
Appeal allowed; all findings of fact set aside; case remitted for re-hearing before the same judge.
Legal Topics
Domestic Abuse, Sexual Violence, Coercive and Controlling Behaviour, Parental Alienation, Fact Finding Hearings, Appeals Procedure
Family Law Child Law Domestic Abuse Sexual Violence Coercive and Controlling Behaviour Parental Alienation Fact Finding Hearings Appeals Procedure

Case Brief

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Parties

Mother

Appellant

Father

1st Respondent

A (a boy)

2nd Respondent (child, Through Guardian)

Procedural Posture

Family Law Children Act 1989 / Appeal From Fact Finding Judgment

Legal Issues

  1. 1 Whether the District Judge failed to properly consider the evidence and reasoning in findings of fact regarding allegations of sexual violence, domestic abuse, and coercive control
  2. 2 Whether the judge erred in findings regarding parental alienation and breaches of child arrangements
  3. 3 Whether procedural fairness and evidential rules were followed

Ratio Decidendi

The appeal was allowed and all findings of the District Judge were set aside because the judge failed to provide sufficient reasoning, considered allegations in isolation rather than holistically, improperly admitted and relied on sexual history evidence, and did not adequately address the evidential basis for findings of fabrication, coercive control, or parental alienation. Procedural irregularities and lack of clarity in findings further undermined the judgment.

Court Disposition

Appeal allowed; all findings of fact set aside; case remitted for re-hearing before the same judge.

Orders

  • Permission to appeal granted on all grounds.
  • All findings of District Judge Lindsay set aside.