J K K v R S K & Ors [2008] EWHC 1561 (Fam) (03 July 2008)

J K K v R S K & Ors [2008] EWHC 1561 (Fam) (03 July 2008)

The wound sustained by R S K on 5 May 2007 was self-inflicted or deliberately inflicted by himself or an associate, not by J K K's family. The expert pathology evidence was decisive and corroborated by inconsistencies in R S K's account and circumstantial evidence. The credibility of R S K and his family was undermined, requiring reconsideration of all post-separation allegations. The fire allegation against B S K was not proved to the requisite standard. The findings materially affect the assessment of risk and the welfare determination for the children.

Citation
[2008] EWHC 1561 (Fam)
Parties
Applicant: J K K; 1st Respondent: R S K; 2nd Respondent: S K K & S K K; 3rd Respondent: London Borough Of Hounslow; 4th Respondent: B S K
Jurisdiction
England and Wales
Judgment Date
03 July 2008
Procedural Posture
Family Law Children Act Proceedings / Post Fact Finding Rehearing and Final Judgment
Outcome
Findings of fact against J K K and her family in relation to post-separation violence are set aside; wound found to be self-inflicted; fire allegation not proved; child custody assessment to proceed on revised findings.
Legal Topics
Fact Finding, Domestic Violence, Child Custody, False Allegations, Expert Evidence
Family Law Child Welfare Fact Finding Domestic Violence Child Custody False Allegations Expert Evidence

Case Brief

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Parties

J K K

Applicant

R S K

1st Respondent

S K K & S K K

2nd Respondent

London Borough Of Hounslow

3rd Respondent

B S K

4th Respondent

Procedural Posture

Family Law Children Act Proceedings / Post Fact Finding Rehearing and Final Judgment

Legal Issues

  1. 1 Whether the wound sustained by R S K was self-inflicted or caused by J K K's family
  2. 2 Whether B S K deliberately set fire to R S K's home
  3. 3 Credibility of allegations of post-separation violence and campaign

Ratio Decidendi

The wound sustained by R S K on 5 May 2007 was self-inflicted or deliberately inflicted by himself or an associate, not by J K K's family. The expert pathology evidence was decisive and corroborated by inconsistencies in R S K's account and circumstantial evidence. The credibility of R S K and his family was undermined, requiring reconsideration of all post-separation allegations. The fire allegation against B S K was not proved to the requisite standard. The findings materially affect the assessment of risk and the welfare determination for the children.

Court Disposition

Findings of fact against J K K and her family in relation to post-separation violence are set aside; wound found to be self-inflicted; fire allegation not proved; child custody assessment to proceed on revised findings.

Orders

  • Previous findings of fact relating to post-separation violence are vacated.
  • No finding against B S K regarding the fire.