Annie (A Child - Finding of Fact: Allegations of Sexual Abuse), Re [2024] EWFC 171 (B) (08 July 2024)

Annie (A Child - Finding of Fact: Allegations of Sexual Abuse), Re [2024] EWFC 171 (B) (08 July 2024)

The court found that neither the Lego Allegation nor the Chickenpox Allegation was proved on the balance of probabilities. The evidence showed significant coaching and inappropriate questioning of Annie by the maternal family, undermining the reliability of her disclosures. There was no medical or independent corroboration of abuse. The applications to restrict F's contact and grant MGM parental responsibility were dismissed.

Citation
[2024] EWFC 171 (B)
Parties
First Applicant: MGM; Second Applicant: M; Respondent: F
Jurisdiction
England and Wales
Judgment Date
08 July 2024
Procedural Posture
Private Law Children Proceedings (family Court) / Fact Finding Hearing
Outcome
Applications dismissed. Allegations against F not proved.
Legal Topics
Child Arrangements Order, Parental Responsibility, Allegations of Sexual Abuse, Fact Finding, Burden of Proof, Coaching of Children, Contact Suspension
Family Law Child Protection Child Arrangements Order Parental Responsibility Allegations of Sexual Abuse Fact Finding Burden of Proof Coaching of Children +1 more

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Parties

MGM

First Applicant

M

Second Applicant

F

Respondent

Procedural Posture

Private Law Children Proceedings (family Court) / Fact Finding Hearing

Legal Issues

  1. 1 Whether F sexually abused Annie as alleged (Lego Allegation and Chickenpox Allegation)
  2. 2 Whether the maternal family coached or influenced Annie's disclosures
  3. 3 Whether the applications to vary contact and for parental responsibility should succeed

Ratio Decidendi

The court found that neither the Lego Allegation nor the Chickenpox Allegation was proved on the balance of probabilities. The evidence showed significant coaching and inappropriate questioning of Annie by the maternal family, undermining the reliability of her disclosures. There was no medical or independent corroboration of abuse. The applications to restrict F's contact and grant MGM parental responsibility were dismissed.

Court Disposition

Applications dismissed. Allegations against F not proved.

Orders

  • No findings of sexual abuse made against F.
  • Contact between Annie and F to be restored as per previous Child Arrangements Order.