SKN v TZ [2025] EWFC 418 (B) (02 December 2025)

SKN v TZ [2025] EWFC 418 (B) (02 December 2025)

The court found the evidence for the alleged rapes and sexual assault was inconsistent, vague, and unsupported by direct or circumstantial evidence, failing to meet the balance of probabilities. However, the father's chronic alcohol abuse and occasional cocaine use were established by admissions and documentary evidence, constituting a welfare concern for the child.

Citation
[2025] EWFC 418 (B)
Parties
Applicant, Father: SKN; Respondent, Mother: TZ
Jurisdiction
England and Wales
Judgment Date
02 December 2025
Procedural Posture
Children Act 1989 Proceedings (fact Finding Hearing) / Post Fact Finding, Pre Final Hearing
Outcome
Allegations of rape and sexual assault not proven; chronic alcohol abuse and occasional cocaine use by father found proven; case adjourned for final hearing with directions for further CAFCASS report and submissions.
Legal Topics
Fact Finding Hearing, Child Arrangements Order, Prohibited Steps Order, Specific Issue Order, Allegations of Sexual Abuse, Substance Misuse, Welfare of the Child
Family Law Child Law Fact Finding Hearing Child Arrangements Order Prohibited Steps Order Specific Issue Order Allegations of Sexual Abuse Substance Misuse +1 more

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Parties

SKN

Applicant, Father

TZ

Respondent, Mother

Procedural Posture

Children Act 1989 Proceedings (fact Finding Hearing) / Post Fact Finding, Pre Final Hearing

Legal Issues

  1. 1 Whether the applicant father raped the maternal grandmother in 2018 and 2020
  2. 2 Whether the applicant father sexually assaulted and strangled his ex-partner
  3. 3 Whether the applicant father abuses alcohol and/or drugs to a degree affecting child welfare

Ratio Decidendi

The court found the evidence for the alleged rapes and sexual assault was inconsistent, vague, and unsupported by direct or circumstantial evidence, failing to meet the balance of probabilities. However, the father's chronic alcohol abuse and occasional cocaine use were established by admissions and documentary evidence, constituting a welfare concern for the child.

Court Disposition

Allegations of rape and sexual assault not proven; chronic alcohol abuse and occasional cocaine use by father found proven; case adjourned for final hearing with directions for further CAFCASS report and submissions.

Orders

  • Case adjourned to a final hearing on the first open date after 26 weeks, time estimate one day.
  • CAFCASS to file and serve an addendum section 7 report within 26 weeks, addressing contact arrangements and whether a section 91(14) order should be considered.