X (A Child), In the Matter Of (Finding of Fact Judgment 1) [2023] EWFC 346 (B) (13 December 2023)

X (A Child), In the Matter Of (Finding of Fact Judgment 1) [2023] EWFC 346 (B) (13 December 2023)

The court found that the father did pin the mother down to retrieve his phone during a confrontation, which technically constituted physical violence, but the mother did not perceive it as such at the time. Regarding the allegation of sexual abuse of X, the court found that X made consistent allegations to multiple people over time, with no evidence of coaching or malicious motivation by the mother. The ABE interview was consistent and credible. The court discounted certain retellings due to concerns about suggestibility and timing but found the core allegation remained constant. The court concluded, on the balance of probabilities, that the father did sexually abuse X.

Citation
[2023] EWFC 346 (B)
Parties
Applicant: CF; Respondent: CM
Jurisdiction
England and Wales
Judgment Date
13 December 2023
Procedural Posture
Family Law Child Arrangements / Fact Finding / Finding of Fact Judgment
Outcome
Findings made against the father on both the physical abuse of the mother and the sexual abuse of X.
Legal Topics
Fact Finding Hearing, Allegations of Child Sexual Abuse, Domestic Violence, Hearsay Evidence, Burden of Proof, Witness Credibility
Family Law Child Protection Fact Finding Hearing Allegations of Child Sexual Abuse Domestic Violence Hearsay Evidence Burden of Proof Witness Credibility

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Parties

CF

Applicant

CM

Respondent

Procedural Posture

Family Law Child Arrangements / Fact Finding / Finding of Fact Judgment

Legal Issues

  1. 1 Whether the father physically abused the mother in early 2022
  2. 2 Whether the father sexually abused the child X

Ratio Decidendi

The court found that the father did pin the mother down to retrieve his phone during a confrontation, which technically constituted physical violence, but the mother did not perceive it as such at the time. Regarding the allegation of sexual abuse of X, the court found that X made consistent allegations to multiple people over time, with no evidence of coaching or malicious motivation by the mother. The ABE interview was consistent and credible. The court discounted certain retellings due to concerns about suggestibility and timing but found the core allegation remained constant. The court concluded, on the balance of probabilities, that the father did sexually abuse X.

Court Disposition

Findings made against the father on both the physical abuse of the mother and the sexual abuse of X.

Orders

  • Findings of fact recorded as to the father's physical abuse of the mother and sexual abuse of X.
  • Matter to proceed to welfare stage for determination of child arrangements.