Re A (A Child: Findings of Fact)
[2022] EWCA Civ 1652, Jackson LJ succinctly summarised the approach of an appellate court to a fact finding determination in this way:“In the absence of some other identifiable error, an appellate court will only interfere with findings of fact made by a trial judge if it is satisfied that the decision cannot reasonably be explained or justified: Henderson v Foxworth Investments Limited [2014] UKSC 41 at para. 67. In this appeal from findings of fact arising from allegations of domestic abuse, including transnational marriage abandonment (‘stranding’), the appellant argues that this stringent requirement has been satisfied.”
- Approved Judgment
- Introduction
- A and D v B, C and E
- Background
- The Judge’s Findings of Domestic Abuse
- The Judgment Under Appeal
- The Parties’ Positions
- Legal Framework
- Re H-N and Others (Children) (Domestic Abuse: Findings of Fact)
- Piglowska
- Re F (Children)
- Re A (A Child: Findings of Fact)
- Analysis
- Ground two
- Re B-M (Children: Findings of Fact)
- Re A (A Child) (No. 2)
- Ground three
- Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings)
- Ground One
- Re F and Another (Children) (Sexual Abuse Allegations)
- Conclusion