M (A Child : Private Law Children Proceedings: Case Management: Intimate Images) [2022] EWHC 986 (Fam) (29 April 2022)

M (A Child : Private Law Children Proceedings: Case Management: Intimate Images) [2022] EWHC 986 (Fam) (29 April 2022)

The court determined that only intimate images and videos directly relevant and necessary to the disputed allegations should be admitted, with strict control over the volume and manner of their use. The mother's sexual history with persons other than the father was deemed irrelevant. Participation directions were...

Source-derived case information.

Citation
[2022] EWHC 986 (Fam)
Parties
Applicant (father): K; Respondent (mother): L; Respondent (child): M (by her children's Guardian)
Jurisdiction
England and Wales
Judgment Date
29 April 2022
Procedural Posture
Private Law Children Proceedings / Pre Rehearing Case Management Judgment
Outcome
Case management directions issued; admissibility of intimate images restricted; participation directions for vulnerable witness ordered; schedules of allegations to be finalised and complied with.
Legal Topics
Case Management, Fact Finding Hearing, Domestic Abuse, Vulnerable Witnesses, Admissibility of Evidence, Intimate Images, Participation Directions
Family Law Case Management Fact Finding Hearing Domestic Abuse Vulnerable Witnesses Admissibility of Evidence Intimate Images Participation Directions

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Parties

K

Applicant (father)

L

Respondent (mother)

M (by her children's Guardian)

Respondent (child)

Procedural Posture

Private Law Children Proceedings / Pre Rehearing Case Management Judgment

Legal Issues

  1. 1 Admissibility and management of intimate images in private law children proceedings
  2. 2 Appropriate participation directions for a vulnerable witness alleging domestic abuse
  3. 3 Scope of cross-examination regarding sexual history and behaviour

Ratio Decidendi

The court determined that only intimate images and videos directly relevant and necessary to the disputed allegations should be admitted, with strict control over the volume and manner of their use. The mother's sexual history with persons other than the father was deemed irrelevant. Participation directions were ordered to protect the vulnerable mother, including use of an intermediary, interpreter, physical separation from the father, advance notice of questioning, and minimisation of exposure to traumatic material. The court emphasised the need for proportionality, relevance, and the balancing of fair trial rights with protection of vulnerable witnesses.

Court Disposition

Case management directions issued; admissibility of intimate images restricted; participation directions for vulnerable witness ordered; schedules of allegations to be finalised and complied with.

Orders

  • Only intimate images directly relevant to the disputed allegations to be admitted and viewed, with preference for alternatives such as transcripts or admissions where possible.
  • Mother to have benefit of intermediary and interpreter; physical and visual separation from father during evidence; advance notice of questioning; frequent breaks; minimisation of exposure to traumatic material.