IJ v KL
[2023] EWHC 3335 (Fam)
Enitan; Enitan’s Father v Enitan’s Mother (No 2), Re
5 August 2024
[2024] EWFC 217 (B)
Family Court
A parent appealed a court decision about their child. The appeal argued the judge used wrong rules and got the facts wrong. The court disagreed. It said the legal rules used were correct, and even if they were slightly wrong, it wouldn't change the outcome. The judge's fact-finding was also upheld.
Key Facts
- •Father applied for permission to appeal a Family Court judgment.
- •The appeal concerned the judge's reliance on criminal law principles in determining physical abuse, and findings of fact regarding the mother's consent to sex.
- •The case involved alleged physical chastisement of children and an allegation of rape.
- •The incidents of alleged physical abuse occurred in England, but the appeal raised the differing legal standards in Wales (Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020) and England (Children Act 2004, section 54) concerning reasonable chastisement.
Legal Principles
Relevance of criminal law principles in determining child welfare issues.
Case law (implicitly referenced)
Standard for reasonable chastisement in England (Children Act 2004, s.54).
Children Act 2004, section 54
Standard for reasonable chastisement in Wales (Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020).
Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020, section 1(3)
Appeals against findings of fact are difficult unless specific errors are identified.
Case law (implicitly referenced)
Outcomes
Permission to appeal refused.
The proposed grounds of appeal lacked reasonable prospects of success. The differing legal standards in England and Wales regarding reasonable chastisement were deemed largely academic in this case because the events occurred in England and the impact of the father's actions on the welfare assessment was limited.
Judge's reliance on criminal law principles deemed largely irrelevant to the welfare test but distinct from acceptable parental behavior.
The judge’s reliance on criminal law principles was found to be irrelevant to the welfare assessment of the child, with the focus being on whether the spanking of the child was acceptable parental behavior, distinguishing between English and Welsh legislation.