JEG v IS

JEG v IS

None of the allegations of sexual abuse or physical abuse are proved on the balance of probabilities. The evidence does not support the allegations, and IS's conduct and delay in reporting, combined with the lack of independent corroboration and obstruction of contact, weigh against making findings of abuse. The court finds IS deliberately obstructed contact to sever the relationship between E and her father, not to protect E from harm.

Parties
Applicant: JEG; Respondent: IS; 2nd Respondent: E J G-S
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Wardship and Contact / Fact Finding Judgment
Outcome
Allegations of sexual and physical abuse not proved; case to proceed to welfare hearing.
Legal Topics
Wardship, Child Contact, Allegations of Sexual Abuse, Parental Alienation, International Child Abduction
Family Law Child Protection Wardship Child Contact Allegations of Sexual Abuse Parental Alienation International Child Abduction

Case Brief

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Parties

JEG

Applicant

IS

Respondent

E J G-S

2nd Respondent

Procedural Posture

Wardship and Contact / Fact Finding Judgment

Legal Issues

  1. 1 Whether allegations of sexual abuse against the father are proved on the balance of probabilities
  2. 2 Whether allegations of physical abuse by CC are proved
  3. 3 Whether IS fabricated allegations to undermine contact and caused emotional harm to E

Ratio Decidendi

None of the allegations of sexual abuse or physical abuse are proved on the balance of probabilities. The evidence does not support the allegations, and IS's conduct and delay in reporting, combined with the lack of independent corroboration and obstruction of contact, weigh against making findings of abuse. The court finds IS deliberately obstructed contact to sever the relationship between E and her father, not to protect E from harm.

Court Disposition

Allegations of sexual and physical abuse not proved; case to proceed to welfare hearing.

Orders

  • Case listed for welfare hearing to determine contact and residence arrangements.
  • E to remain a ward of court.