X (A Child), In the Matter Of (Finding of Fact Judgment 2) [2024] EWFC 477 (B) (05 December 2024)

X (A Child), In the Matter Of (Finding of Fact Judgment 2) [2024] EWFC 477 (B) (05 December 2024)

The mother recorded a video of X discussing the allegations in Spring 2022, showed it to the father, and then lied about its existence to her solicitors and the court, later taking deliberate steps to destroy evidence when forensic analysis was sought. These actions undermined the reliability of her testimony and the process by which X's allegations were elicited. Given the tainted conduit, the delay before the ABE interview, and the susceptibility of young children to suggestion and memory errors, the court cannot be satisfied on the balance of probabilities that the allegation of sexual abuse is proven.

Citation
[2024] EWFC 477 (B)
Parties
Applicant: CF; Respondent: CM
Jurisdiction
England and Wales
Judgment Date
05 December 2024
Procedural Posture
Family Law Child Sexual Abuse Allegation, Finding of Fact Rehearing / Second Finding of Fact Hearing After Rehearing Ordered
Outcome
Allegation of sexual abuse not proven; previous adverse findings against the father set aside.
Legal Topics
Fact Finding Hearings, Sexual Abuse Allegations, Evidence Destruction, Disclosure Obligations, Rehearing Procedures
Family Law Child Protection Fact Finding Hearings Sexual Abuse Allegations Evidence Destruction Disclosure Obligations Rehearing Procedures

Case Brief

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Parties

CF

Applicant

CM

Respondent

Procedural Posture

Family Law Child Sexual Abuse Allegation, Finding of Fact Rehearing / Second Finding of Fact Hearing After Rehearing Ordered

Legal Issues

  1. 1 Whether the mother recorded a video of X in Spring 2022
  2. 2 Whether the recording was shown to the father
  3. 3 Content and evidential value of the recording

Ratio Decidendi

The mother recorded a video of X discussing the allegations in Spring 2022, showed it to the father, and then lied about its existence to her solicitors and the court, later taking deliberate steps to destroy evidence when forensic analysis was sought. These actions undermined the reliability of her testimony and the process by which X's allegations were elicited. Given the tainted conduit, the delay before the ABE interview, and the susceptibility of young children to suggestion and memory errors, the court cannot be satisfied on the balance of probabilities that the allegation of sexual abuse is proven.

Court Disposition

Allegation of sexual abuse not proven; previous adverse 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.