J v E (No3)(Finding of Fact Hearing)

J v E (No3)(Finding of Fact Hearing)

The court found, on the balance of probabilities, that the mother perpetrated serious physical domestic abuse against the father, threatened self-harm in the presence of the child, interfered with the Zambian police investigation, and lied in sworn affidavits. Both parents sought to influence the police investigation. The court was not satisfied that the father sexually abused the child, engaged in bribery, was sexually aroused during nappy changing, or lacked appropriate sexual boundaries. The mother did not act in bad faith in reporting concerns to medical professionals and police, but exaggerated and mischaracterised evidence to bolster her allegations.

Parties
Applicant: J; Respondent: E
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Child Arrangements and Financial Provision (schedule 1 Children Act 1989) / Fact Finding Hearing
Outcome
Findings of fact made as per schedule; allegations of sexual abuse, bribery, inappropriate sexual boundaries, and sexual arousal during nappy changing not proved.
Legal Topics
Child Arrangements, Domestic Abuse, Allegations of Sexual Abuse, Police Investigation Interference, False Affidavit, Schedule 1 Financial Provision
Family Law Child Welfare Domestic Violence Child Arrangements Domestic Abuse Allegations of Sexual Abuse Police Investigation Interference False Affidavit +1 more

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 5 Authorities cited 25 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

J

Applicant

E

Respondent

Procedural Posture

Child Arrangements and Financial Provision (schedule 1 Children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother perpetrated serious physical domestic abuse against the father
  2. 2 Whether the mother threatened self-harm in the presence of the child
  3. 3 Whether either parent unduly interfered with the police investigation in Zambia

Ratio Decidendi

The court found, on the balance of probabilities, that the mother perpetrated serious physical domestic abuse against the father, threatened self-harm in the presence of the child, interfered with the Zambian police investigation, and lied in sworn affidavits. Both parents sought to influence the police investigation. The court was not satisfied that the father sexually abused the child, engaged in bribery, was sexually aroused during nappy changing, or lacked appropriate sexual boundaries. The mother did not act in bad faith in reporting concerns to medical professionals and police, but exaggerated and mischaracterised evidence to bolster her allegations.

Court Disposition

Findings of fact made as per schedule; allegations of sexual abuse, bribery, inappropriate sexual boundaries, and sexual arousal during nappy changing not proved.

Orders

  • Careful and comprehensive risk assessment of the mother required per FPR PD12J
  • Consideration for psychological assessment of the mother