C v B [2023] EWFC 293 (B) (15 November 2023)

C v B [2023] EWFC 293 (B) (15 November 2023)

The court found that the allegations of inappropriate sexual conduct by the father were not proved on the balance of probabilities. The evidence indicated that the child’s negative views of her father and the allegations made were significantly influenced by the applicants’ (uncle and aunt’s) attitudes and...

Source-derived case information.

Citation
[2023] EWFC 293 (B)
Parties
Applicant: C; Respondent: B; Child: AB (the child, through the Guardian)
Jurisdiction
England and Wales
Judgment Date
15 November 2023
Procedural Posture
Family Children Act Proceedings (fact Finding) / Fact Finding Hearing and Judgment
Outcome
Allegations of sexual abuse by the father not proved; findings of parental alienation and emotional abuse by the applicants (uncle and aunt) proved.
Legal Topics
Special Guardianship, Parental Alienation, Allegations of Sexual Abuse, Child Arrangements, Fact Finding Hearings
Family Law Child Law Special Guardianship Parental Alienation Allegations of Sexual Abuse Child Arrangements Fact Finding Hearings

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Parties

C

Applicant

B

Respondent

AB (the child, through the Guardian)

Child

Procedural Posture

Family Children Act Proceedings (fact Finding) / Fact Finding Hearing and Judgment

Legal Issues

  1. 1 Whether the applicants (uncle and aunt) engaged in parental alienation amounting to emotional abuse of the child
  2. 2 Whether allegations of inappropriate sexual conduct by the father towards the child are proved
  3. 3 Whether the applicants failed to promote contact and shared inappropriate information with the child

Ratio Decidendi

The court found that the allegations of inappropriate sexual conduct by the father were not proved on the balance of probabilities. The evidence indicated that the child’s negative views of her father and the allegations made were significantly influenced by the applicants’ (uncle and aunt’s) attitudes and conversations, amounting to parental alienation and emotional abuse. The applicants failed to promote contact, exposed the child to inappropriate adult conversations, and provided her with a false narrative about her father. The court concluded that the applicants’ conduct was emotionally harmful to the child and that the allegations against the father were not substantiated.

Court Disposition

Allegations of sexual abuse by the father not proved; findings of parental alienation and emotional abuse by the applicants (uncle and aunt) proved.

Orders

  • No special guardianship order made at this stage.
  • Supervised contact between the child and father to continue.