A (A Child) (Fact Finding) [2013] EWCC B18 (Fam) (30 July 2013)

A (A Child) (Fact Finding) [2013] EWCC B18 (Fam) (30 July 2013)

The court found that the allegations of sexual abuse made by the mother against the father were not proved on the balance of probabilities. The expert evidence indicated no plausible or consistent account of abuse, and the risk to the child arose from the mother's continued belief in the allegations, amounting to...

Source-derived case information.

Citation
[2013] EWCC B18 (Fam)
Parties
Mother / Applicant: C; Father / Respondent: B; Child (subject of Proceedings): A
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Family Law Child Arrangements and Leave to Remove / Final Hearing
Outcome
Mother's application to remove the child from the jurisdiction refused; allegations of sexual abuse not proved; supervised contact with father to continue.
Legal Topics
Child Sexual Abuse Allegations, Residence and Contact, Leave to Remove From Jurisdiction, Emotional Abuse, Expert Evidence in Child Welfare Cases
Family Law Child Welfare Child Sexual Abuse Allegations Residence and Contact Leave to Remove From Jurisdiction Emotional Abuse Expert Evidence in Child Welfare Cases

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Parties

C

Mother / Applicant

B

Father / Respondent

A

Child (subject of Proceedings)

Procedural Posture

Family Law Child Arrangements and Leave to Remove / Final Hearing

Legal Issues

  1. 1 Whether allegations of sexual abuse by the father against the child are proved
  2. 2 Whether the mother should be permitted to remove the child from the jurisdiction
  3. 3 What contact and residence arrangements are in the child's best interests

Ratio Decidendi

The court found that the allegations of sexual abuse made by the mother against the father were not proved on the balance of probabilities. The expert evidence indicated no plausible or consistent account of abuse, and the risk to the child arose from the mother's continued belief in the allegations, amounting to potential emotional abuse. The child's welfare required maintaining a relationship with both parents, and the mother's application to remove the child from the jurisdiction was refused. Contact with the father was to be supervised but maintained, with a view to progression if appropriate.

Court Disposition

Mother's application to remove the child from the jurisdiction refused; allegations of sexual abuse not proved; supervised contact with father to continue.

Orders

  • Mother's application for leave to remove the child from the jurisdiction is refused.
  • Allegations of sexual abuse against the father are not proved.