Appeal against ‘fact finding’ conclusions in family contact case dismissed

Children|Family|News|April 25th 2013

Oxford County and Crown CourtThe Court of Appeal has dismissed a claim against ‘findings of fact’ in a case concerning contact between a father and his children.

The case of M (Children) concerned a number of conclusions reached by Judge Hilary Watson in October last year during a hearing at Coventry County Court. The parents of the girl and boy, aged six and seven, had separated in 2009 and were in the process of divorcing. Legal proceedings to establish the amount of contact the father should have with the children had been continuing since the previous January.

After carefully considering evidence from both the mother and the father, Judge Watson concluded that the father had assaulted and raped the mother on different occasions; that he had smacked his son; that he made sexual comments regarding his daughter and that the mother’s claim to that effect was made not made maliciously; and that he  had interfered with the mother’s Facebook account, sending a message to her brother.

The father’s solicitor argued that the mother was not credible, that she had exaggerated and embellished her evidence and Judge Watson had therefore been wrong to conclude that she was “for the most part a truthful witness”.

The mother’s solicitor, meanwhile, admitted that the mother’s evidence had contained elements of embellishment but insisted that there was a firm core of truth behind her claims. He also drew attention to the father’s own inconsistencies and contradictions.

Lord Justice Ryder concluded that Judge Watson had “analysed the evidence relating to each allegation separately and with care. She looked at the allegations in the overall context of her view of credibility of both mother and father, and gave very careful reasons for her decisions. I would allow the judge’s findings to stand, and accordingly I would dismiss this appeal.”

Photo by Kaihsu Tai via Wikipedia under a Creative Commons licence

Author: Stowe Family Law

Comments(3)

  1. X says:

    i lost my finding of fact hearing. my ex lied in court. he was violent to me and our 9 year old son. our son never wants to see him and told cafcass lady all he remembered. her report ignored all he told her from the heart and in tears. it is a disgrace. i want to appeal findings decision. i would win a lie detector result easily. what advise could i have please? my ex has been away frrom us for 3 years. my son now is very happy and flourishing at school. he told them his dad frightened him. son is highly intelligent may i add.

  2. Th says:

    The same thing is doing my own judgment. This judge has dismissed all the facts that my ex-wife has hit children has offended and lied. And now this judge has ordered local authorities to change the report for two and a half years of work that has become a social worker. And they wrote lies in the report. Exercising pressure on children that children do not want to stick with their mother has stopped me from contacting the children. He has given orders that children should not be looked at. With each other forbidden to talk to each other. This judge will not see that this mum has struck my children offended and threatened my parents but is trying to get me in jail because the kids do not want to live with their mother. This judge seems to hate men and children. Where is the right of children here in England. But only lies lie.

  3. Th says:

    For 14 years I lived in Albania. In Albania we had a dictator who said to do as I say, and do not do as I do. A dictator killed and put in prison good and righteous people. Who are you trying to find a right They were put in jail. But the same thing is happening here in England. If I try to tell the truth about my ex-wife, who has hit has offended me the worst of my children. Plus she has offended has threatened my parents And me together, and this judge is making it impossible for me to put me in jail. Rejecting all the evidence. And the English Police have done all those denunciations for my children and my parents. He has done nothing to stop him This woman.Where are the rights of the children, where are the rights of two elderly people? Take the children and interrupt them in a place where there is no happiness. Try to share the children with the baby with pain and pressure. They have stopped and the kids talk and look. It’s useless to say that here in England there is justice,

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