A (False allegations of sexual abuse) (Rev 2) [2016] EWFC B27 (28 April 2016)

A (False allegations of sexual abuse) (Rev 2) [2016] EWFC B27 (28 April 2016)

The applicants' evidence was inconsistent, uncorroborated, and contradicted by independent sources, particularly the school and the Guardian. The court found that M did not sexually or physically abuse A, and that A did not sexually abuse SM. The court found that F and SM's treatment of A, including repeated...

Source-derived case information.

Citation
[2016] EWFC B27
Parties
Applicant: F (Father); Applicant: SM (Step Mother); Respondent: M (Mother); Respondent: A (Child)
Jurisdiction
England and Wales
Judgment Date
28 April 2016
Procedural Posture
Private Law Children Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing
Outcome
All findings sought by F and SM dismissed. M exonerated of all allegations. A to be removed from F and SM's care and placed with Maternal Grandmother under Interim Care Order.
Legal Topics
Fact Finding Hearing, Prohibited Steps Order, Child Arrangements Order, Parental Responsibility, Allegations of Sexual Abuse, Emotional Harm, Interim Care Order
Family Law Child Protection Fact Finding Hearing Prohibited Steps Order Child Arrangements Order Parental Responsibility Allegations of Sexual Abuse Emotional Harm +1 more

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Summary, issues, holding and outcome

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Parties

F (Father)

Applicant

SM (Step Mother)

Applicant

M (Mother)

Respondent

A (Child)

Respondent

Procedural Posture

Private Law Children Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether M sexually abused A
  2. 2 Whether M physically abused A
  3. 3 Whether A displayed sexualised behaviour

Ratio Decidendi

The applicants' evidence was inconsistent, uncorroborated, and contradicted by independent sources, particularly the school and the Guardian. The court found that M did not sexually or physically abuse A, and that A did not sexually abuse SM. The court found that F and SM's treatment of A, including repeated oppressive questioning and mischaracterisation of her behaviour, caused A significant emotional harm, necessitating her immediate removal from their care.

Court Disposition

All findings sought by F and SM dismissed. M exonerated of all allegations. A to be removed from F and SM's care and placed with Maternal Grandmother under Interim Care Order.

Orders

  • Therapist to cease work with A except for a goodbye visit.
  • A to be removed from F and SM's care today and placed with Maternal Grandmother under Interim Care Order.