M-H (Children)

M-H (Children)

The judge's findings of inappropriate sexual boundaries were justified by the evidence and did not amount to mere suspicion. The judge properly excluded unsubstantiated allegations and mapped out a proportionate way forward. There was no error warranting appellate intervention.

Parties
Appellant: Appellant (Father); Respondent: Respondent (Mother)
Jurisdiction
England and Wales
Judgment Date
09 March 2006
Procedural Posture
Children Act Proceedings (family Law) / Appeal From Judgment of HHJ Horowitz Qc, Application for Permission to Appeal and Substantive Appeal
Outcome
Permission to appeal granted; appeal dismissed.
Legal Topics
Inappropriate Sexual Boundaries, Supervised Contact, Procedural Orders in Split Trials, Appeal Time Limits
Family Law Child Protection Inappropriate Sexual Boundaries Supervised Contact Procedural Orders in Split Trials Appeal Time Limits

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Parties

Appellant (Father)

Appellant

Respondent (Mother)

Respondent

Procedural Posture

Children Act Proceedings (family Law) / Appeal From Judgment of HHJ Horowitz Qc, Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the judge erred in finding inappropriate sexual boundaries by the father
  2. 2 Whether the findings justified supervised contact
  3. 3 Whether suspicion was impermissibly elevated to proof

Ratio Decidendi

The judge's findings of inappropriate sexual boundaries were justified by the evidence and did not amount to mere suspicion. The judge properly excluded unsubstantiated allegations and mapped out a proportionate way forward. There was no error warranting appellate intervention.

Court Disposition

Permission to appeal granted; appeal dismissed.

Orders

  • Supervised contact to continue as per order of 15 December 2005.
  • Parties encouraged to pursue therapeutic family work.