A (A Child), Re [2012] EWCC 4 (Fam) (13 June 2012)

A (A Child), Re [2012] EWCC 4 (Fam) (13 June 2012)

The court found that the mother had worked as a prostitute to fund her addictions and that her drinking endangered A until April 2010, but there was no evidence she worked as a prostitute in her own home. The court found no sufficient evidence that the father sexually abused A or failed to maintain appropriate sexual boundaries, but found his pornography use and sexual interests disturbing and ordered a psychological assessment before contact could be considered.

Citation
[2012] EWCC 4 (Fam)
Parties
Mother: KS; Father: RN; Child: A
Jurisdiction
England and Wales
Judgment Date
13 June 2012
Procedural Posture
Children Act 1989 Proceedings / Finding of Fact Hearing
Outcome
Findings of fact made in part for both parties; no finding of sexual abuse against the father; further psychological assessment of the father ordered before contact can be considered.
Legal Topics
Residence Orders, Prohibited Steps Orders, Allegations of Sexual Abuse, Alcohol Dependence, Prostitution, Pornography and Parental Fitness
Family Law Child Protection Residence Orders Prohibited Steps Orders Allegations of Sexual Abuse Alcohol Dependence Prostitution Pornography and Parental Fitness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

KS

Mother

RN

Father

A

Child

Procedural Posture

Children Act 1989 Proceedings / Finding of Fact Hearing

Legal Issues

  1. 1 Whether the mother worked as a prostitute to fund addictions and if this endangered A
  2. 2 Whether the mother worked as a prostitute in her own home
  3. 3 Whether the mother's alcohol use endangered A

Ratio Decidendi

The court found that the mother had worked as a prostitute to fund her addictions and that her drinking endangered A until April 2010, but there was no evidence she worked as a prostitute in her own home. The court found no sufficient evidence that the father sexually abused A or failed to maintain appropriate sexual boundaries, but found his pornography use and sexual interests disturbing and ordered a psychological assessment before contact could be considered.

Court Disposition

Findings of fact made in part for both parties; no finding of sexual abuse against the father; further psychological assessment of the father ordered before contact can be considered.

Orders

  • Mother found to have worked as a prostitute to fund addictions and to have endangered A by drinking until April 2010.
  • No finding that mother worked as a prostitute in her own home.