B (a father) v M (a mother)

B (a father) v M (a mother)

The court found that the mother’s allegations of sexual abuse against the father were false and malicious, made to prevent contact between P and her father. The evidence, including videos, medical reports, social worker testimony, and police investigation, did not support the mother’s claims. The mother’s evidence was found to be dishonest, inconsistent, and contradicted by independent sources. The court concluded that P was not sexually abused by her father on either occasion and that the mother’s conduct exposed P to significant harm.

Parties
Applicant/father: B; Respondent/mother: M
Jurisdiction
England and Wales
Judgment Date
24 January 2023
Procedural Posture
Family / Fact Finding Judgment
Outcome
Allegations dismissed; findings of malicious falsehood against the mother.
Legal Topics
False Allegations, Sexual Abuse Allegations, Contact Orders, Child Welfare, Fact Finding Hearings
Family Law Child Protection False Allegations Sexual Abuse Allegations Contact Orders Child Welfare Fact Finding Hearings

Case Brief

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Parties

B

Applicant/father

M

Respondent/mother

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father sexually abused P on 7 May 2022 and 1 October 2022
  2. 2 Whether the mother's allegations were malicious and false

Ratio Decidendi

The court found that the mother’s allegations of sexual abuse against the father were false and malicious, made to prevent contact between P and her father. The evidence, including videos, medical reports, social worker testimony, and police investigation, did not support the mother’s claims. The mother’s evidence was found to be dishonest, inconsistent, and contradicted by independent sources. The court concluded that P was not sexually abused by her father on either occasion and that the mother’s conduct exposed P to significant harm.

Court Disposition

Allegations dismissed; findings of malicious falsehood against the mother.

Orders

  • Court to hear submissions on next steps, including consideration of a s.37 report and interim care order to protect P from further harm.