AA v ZZ

AA v ZZ

There is strong evidence that the Respondent was pregnant and some evidence that at least one child was born, but insufficient evidence to conclude that two children (twins) exist. The Applicant has not proved the existence of twins, but the evidence supports the existence of a pregnancy and likely birth of one child.

Parties
Applicant: AA; Respondent: ZZ
Jurisdiction
England and Wales
Judgment Date
08 May 2024
Procedural Posture
Children Act Proceedings (child Arrangements Order) / Final Judgment After Fact Finding Hearing
Outcome
Application for child arrangements order in respect of twins not granted as existence of twins not proved; finding that there was a pregnancy and likely birth of one child.
Legal Topics
Child Arrangements Order, Existence of Child, Burden of Proof, Coercive and Controlling Behaviour, Forgery of Evidence, Witness Credibility
Family Law Child Arrangements Order Existence of Child Burden of Proof Coercive and Controlling Behaviour Forgery of Evidence Witness Credibility

Case Brief

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Parties

AA

Applicant

ZZ

Respondent

Procedural Posture

Children Act Proceedings (child Arrangements Order) / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the children (twins) alleged by the Applicant to exist were in fact born and exist
  2. 2 Whether the Respondent lied about pregnancy and birth
  3. 3 Whether evidence (documents, recordings, photographs) was forged or authentic

Ratio Decidendi

There is strong evidence that the Respondent was pregnant and some evidence that at least one child was born, but insufficient evidence to conclude that two children (twins) exist. The Applicant has not proved the existence of twins, but the evidence supports the existence of a pregnancy and likely birth of one child.

Court Disposition

Application for child arrangements order in respect of twins not granted as existence of twins not proved; finding that there was a pregnancy and likely birth of one child.

Orders

  • Matter to be listed for further directions in due course.