S (findings of fact), Re

S (findings of fact), Re

The court found, on the balance of probabilities, that the mother’s central allegations regarding violence, forced marriage, sexual assault, and child removal were broadly consistent and credible, supported by contemporaneous records and circumstantial evidence, despite her proven dishonesty about her relationship with Mr B. The father and grandparents' blanket denials lacked alternative explanations and were unconvincing. The family code and cultural context explained the behaviour and responses of the parties.

Parties
Applicant: AH; 1st Respondent: RS; 2nd 4th Respondents (children, by Their Children’s Guardian): L, H and S; Interveners (maternal Grandparents): MS and AS
Jurisdiction
England and Wales
Judgment Date
14 January 2013
Procedural Posture
Family / Fact Finding Judgment
Outcome
Primary findings made on central allegations; further assessment of risk and orders regarding the children’s future to follow after hearing from parties.
Legal Topics
Domestic Violence, Forced Marriage, Child Custody, Honour Based Violence, Sexual Assault, Parental Responsibility
Family Law Child Protection Domestic Violence Forced Marriage Child Custody Honour Based Violence Sexual Assault Parental Responsibility

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Parties

AH

Applicant

RS

1st Respondent

L, H and S

2nd 4th Respondents (children, by Their Children’s Guardian)

MS and AS

Interveners (maternal Grandparents)

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether allegations of violence, forced marriage, sexual assault, and child removal are proven on the balance of probabilities
  2. 2 Assessment of risk to mother and children from family members
  3. 3 Credibility of parties' evidence

Ratio Decidendi

The court found, on the balance of probabilities, that the mother’s central allegations regarding violence, forced marriage, sexual assault, and child removal were broadly consistent and credible, supported by contemporaneous records and circumstantial evidence, despite her proven dishonesty about her relationship with Mr B. The father and grandparents' blanket denials lacked alternative explanations and were unconvincing. The family code and cultural context explained the behaviour and responses of the parties.

Court Disposition

Primary findings made on central allegations; further assessment of risk and orders regarding the children’s future to follow after hearing from parties.

Orders

  • Primary findings on allegations of violence, forced marriage, sexual assault, and child removal.
  • Assessment of risk to mother and children to be conducted.