PR v JS (Re-opening of fact finding: allegations of sexual abuse) [2019] EWFC 69 (15 November 2019)

PR v JS (Re-opening of fact finding: allegations of sexual abuse) [2019] EWFC 69 (15 November 2019)

After a comprehensive review of all evidence, including oral and written testimony, video and audio recordings, and the context of the allegations, the court found that the allegations of sexual abuse against the father were not established on the balance of probabilities. The evidence did not support a finding that the father had sexually abused the child. The court found that the father's explanations for any touching were credible and consistent with legitimate hygiene practices, and that the mother had not deliberately fabricated the allegations but was mistaken in her belief. The findings of sexual abuse made at first instance were set aside, and no findings of sexual abuse were made...

Citation
[2019] EWFC 69
Parties
Applicant (father): PR; First Respondent (mother): JS; Second Respondent (child): TER (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
15 November 2019
Procedural Posture
Family Court Private Law Children Proceedings / Rehearing of Fact Finding on Allegations of Sexual Abuse Following Successful Appeal and Remittal
Outcome
All findings of sexual abuse against the father set aside; no findings of sexual abuse made; fact-finding rehearing concluded.
Legal Topics
Fact Finding Hearing, Allegations of Sexual Abuse, Contact Arrangements, Credibility Assessment, Delay in Proceedings
Family Law Child Protection Fact Finding Hearing Allegations of Sexual Abuse Contact Arrangements Credibility Assessment Delay in Proceedings

Case Brief

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Parties

PR

Applicant (father)

JS

First Respondent (mother)

TER (by her Children's Guardian)

Second Respondent (child)

Procedural Posture

Family Court Private Law Children Proceedings / Rehearing of Fact Finding on Allegations of Sexual Abuse Following Successful Appeal and Remittal

Legal Issues

  1. 1 Whether the father sexually abused the child on specified and unspecified occasions
  2. 2 Whether the mother fabricated or exaggerated allegations of abuse
  3. 3 Whether the evidence supports findings of sexual abuse on the balance of probabilities

Ratio Decidendi

After a comprehensive review of all evidence, including oral and written testimony, video and audio recordings, and the context of the allegations, the court found that the allegations of sexual abuse against the father were not established on the balance of probabilities. The evidence did not support a finding that the father had sexually abused the child. The court found that the father's explanations for any touching were credible and consistent with legitimate hygiene practices, and that the mother had not deliberately fabricated the allegations but was mistaken in her belief. The findings of sexual abuse made at first instance were set aside, and no findings of sexual abuse were made...

Court Disposition

All findings of sexual abuse against the father set aside; no findings of sexual abuse made; fact-finding rehearing concluded.

Orders

  • No findings of sexual abuse against the father
  • Case to proceed to welfare stage for determination of future arrangements for the child