S (A Child), Re

S (A Child), Re

The appeal was allowed only in respect of the judge's treatment of the allegation that the father assaulted the child, as the judge failed to adequately consider and explain his treatment of relevant evidence, including the child's statements and the father's caution for assaulting other children. The judge's findings on the sexual allegations and other matters were upheld as his reasoning was not flawed or inconsistent.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
02 February 2017
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding in Private Law Child Proceedings
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Fact Finding Hearings, Allegations of Domestic Abuse, Contact and Residence Disputes, Admissibility of Similar Fact Evidence, Appeals Procedure
Family Law Child Law Fact Finding Hearings Allegations of Domestic Abuse Contact and Residence Disputes Admissibility of Similar Fact Evidence Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding in Private Law Child 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 trial was fair in light of evidentiary rulings

Ratio Decidendi

The appeal was allowed only in respect of the judge's treatment of the allegation that the father assaulted the child, as the judge failed to adequately consider and explain his treatment of relevant evidence, including the child's statements and the father's caution for assaulting other children. The judge's findings on the sexual allegations and other matters were upheld as his reasoning was not flawed or inconsistent.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Finding that the father did not assault the child set aside and remitted for rehearing before a different judge
  • Appeal on sexual allegations and other grounds dismissed