CF v CM (Finding of Fact Judgment 2)

CF v CM (Finding of Fact Judgment 2)

The mother made and concealed a recording of X discussing the allegations, lied to her solicitors and the court about its existence, and took deliberate steps to destroy or withhold evidence. As a result, the process by which X was spoken to cannot be trusted, and the delay before the ABE interview, combined with the mother's lack of neutrality, means it cannot be proven on the balance of probabilities that the allegation of sexual abuse is true.

Parties
Applicant: CF; Respondent: CM
Jurisdiction
England and Wales
Judgment Date
03 May 2026
Procedural Posture
Family / Second Finding of Fact Hearing After Rehearing Ordered
Outcome
Allegation of sexual abuse not proven; previous findings against the father set aside.
Legal Topics
Fact Finding Hearing, Sexual Abuse Allegations, Evidence Concealment, Rehearing Procedure, Witness Credibility
Family Law Child Protection Fact Finding Hearing Sexual Abuse Allegations Evidence Concealment Rehearing Procedure Witness Credibility

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Parties

CF

Applicant

CM

Respondent

Procedural Posture

Family / Second Finding of Fact Hearing After Rehearing Ordered

Legal Issues

  1. 1 Whether the mother recorded a video of X retracting allegations in Spring 2022
  2. 2 Whether the mother disclosed or concealed the existence of the recording
  3. 3 Whether the mother destroyed or withheld evidence relevant to the proceedings

Ratio Decidendi

The mother made and concealed a recording of X discussing the allegations, lied to her solicitors and the court about its existence, and took deliberate steps to destroy or withhold evidence. As a result, the process by which X was spoken to cannot be trusted, and the delay before the ABE interview, combined with the mother's lack of neutrality, means it cannot be proven on the balance of probabilities that the allegation of sexual abuse is true.

Court Disposition

Allegation of sexual abuse not proven; previous findings against the father set aside.

Orders

  • All adverse findings against the father and all positive findings about the mother are set aside.
  • The allegation of sexual abuse is not proven before the court.