HT v ND [2023] EWFC 44 (B) (20 January 2023)

HT v ND [2023] EWFC 44 (B) (20 January 2023)

The court found that the physical evidence (marks and blood) was equivocal and could be explained by innocent causes such as infection or toileting. The child's disclosures were found to be unreliable, likely influenced by the mother's anxieties and questioning, and not independently probative of abuse. The ancillary allegations were not established or, even if true, did not support the core allegation. The court was not satisfied on the balance of probabilities that the father had inappropriately touched or abused the child as alleged.

Citation
[2023] EWFC 44 (B)
Parties
Applicant: HT; Respondent: ND
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Child Arrangements Application (family Court) / Fact Finding Hearing
Outcome
All allegations of sexual abuse and inappropriate behaviour against the applicant (father) are not proved.
Legal Topics
Fact Finding Hearing, Child Arrangements, Allegations of Sexual Abuse, Burden of Proof, Balance of Probabilities, CAFCASS Involvement
Family Law Fact Finding Hearing Child Arrangements Allegations of Sexual Abuse Burden of Proof Balance of Probabilities CAFCASS Involvement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

HT

Applicant

ND

Respondent

Procedural Posture

Child Arrangements Application (family Court) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the applicant (father) sexually abused the child as alleged by the respondent (mother)
  2. 2 Whether ancillary allegations (inappropriate language, behaviour, documentary discussion) support the core allegation

Ratio Decidendi

The court found that the physical evidence (marks and blood) was equivocal and could be explained by innocent causes such as infection or toileting. The child's disclosures were found to be unreliable, likely influenced by the mother's anxieties and questioning, and not independently probative of abuse. The ancillary allegations were not established or, even if true, did not support the core allegation. The court was not satisfied on the balance of probabilities that the father had inappropriately touched or abused the child as alleged.

Court Disposition

All allegations of sexual abuse and inappropriate behaviour against the applicant (father) are not proved.

Orders

  • No findings of fact are made against the applicant (father) in respect of the allegations.