T (Fact-Finding), Re [2024] EWFC 446 (B) (22 July 2024)

T (Fact-Finding), Re [2024] EWFC 446 (B) (22 July 2024)

The court was not satisfied on the balance of probabilities that the father inserted the pen lid into the child's anus; the evidence did not support the mother's or grandmother's allegations against the father. The court found, on the balance of probabilities, that the grandmother inserted the pen lid, motivated by antipathy towards the father and a desire to prevent contact. The possibility of accidental swallowing was considered highly unlikely. The mother's and grandmother's evidence was found to be partial and unreliable; the father's evidence was more credible and consistent with the objective evidence.

Citation
[2024] EWFC 446 (B)
Parties
Applicant Father: THE FATHER; First Respondent Mother: THE MOTHER; Second Respondent Child: THE CHILD; Third Respondent Maternal Grandmother: THE MATERNAL GRANDMOTHER
Jurisdiction
England and Wales
Judgment Date
22 July 2024
Procedural Posture
Private Law Children Proceedings (fact Finding) / Judgment After Fact Finding Hearing
Outcome
Fact-finding: Allegation against father not proved; grandmother found to have inserted pen lid.
Legal Topics
Allegations of Sexual Abuse, Fact Finding Hearing, Burden and Standard of Proof, Pool of Perpetrators, Contact Arrangements, Litigation Conduct
Family Law Child Protection Allegations of Sexual Abuse Fact Finding Hearing Burden and Standard of Proof Pool of Perpetrators Contact Arrangements Litigation Conduct

Case Brief

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Parties

THE FATHER

Applicant Father

THE MOTHER

First Respondent Mother

THE CHILD

Second Respondent Child

THE MATERNAL GRANDMOTHER

Third Respondent Maternal Grandmother

Procedural Posture

Private Law Children Proceedings (fact Finding) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father sexually abused the child by inserting a pen lid into her anus
  2. 2 Whether the mother or grandmother inserted the pen lid to frame the father
  3. 3 Whether the pen lid was swallowed accidentally

Ratio Decidendi

The court was not satisfied on the balance of probabilities that the father inserted the pen lid into the child's anus; the evidence did not support the mother's or grandmother's allegations against the father. The court found, on the balance of probabilities, that the grandmother inserted the pen lid, motivated by antipathy towards the father and a desire to prevent contact. The possibility of accidental swallowing was considered highly unlikely. The mother's and grandmother's evidence was found to be partial and unreliable; the father's evidence was more credible and consistent with the objective evidence.

Court Disposition

Fact-finding: Allegation against father not proved; grandmother found to have inserted pen lid.

Orders

  • Application to be listed for further hearing before HHJ Harvey; parties to file position statements at least 48 hours before the hearing.