S (A Child), Re [2017] EWCA Civ 44 (02 February 2017)

S (A Child), Re [2017] EWCA Civ 44 (02 February 2017)

The appeal was allowed in part because the trial judge failed to adequately consider and explain his treatment of evidence regarding the alleged assault on the child, including the child's statements and the father's caution for assaulting other children. The judge's findings on the sexual allegations and exclusion...

Source-derived case information.

Citation
[2017] EWCA Civ 44
Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
02 February 2017
Procedural Posture
Appeal (family Law Private Law Children) / Court of Appeal Judgment on Appeal From Fact Finding in Private Law Children Proceedings
Outcome
Appeal allowed in part; finding on assault on child set aside and remitted for rehearing; appeal otherwise dismissed.
Legal Topics
Fact Finding Hearings, Allegations of Domestic Abuse, Contact and Residence Disputes, Admissibility of Evidence, Appeals Procedure
Family Law Child Law Fact Finding Hearings Allegations of Domestic Abuse Contact and Residence Disputes Admissibility of Evidence Appeals Procedure

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal (family Law Private Law Children) / Court of Appeal Judgment on Appeal From Fact Finding in Private Law Children Proceedings

Legal Issues

  1. 1 Whether the trial judge erred in rejecting allegations of sexual violence and assault on the child
  2. 2 Whether the judge properly considered similar fact evidence
  3. 3 Whether the judge's approach to credibility and evidence was consistent and fair

Ratio Decidendi

The appeal was allowed in part because the trial judge failed to adequately consider and explain his treatment of evidence regarding the alleged assault on the child, including the child's statements and the father's caution for assaulting other children. The judge's findings on the sexual allegations and exclusion of similar fact evidence were upheld as proper exercises of discretion and case management.

Court Disposition

Appeal allowed in part; finding on assault on child set aside and remitted for rehearing; appeal otherwise dismissed.

Orders

  • Set aside the finding that the father did not assault the child A.
  • Remit the issue of whether the father assaulted A for rehearing before a different judge, preferably a Circuit judge.