C, Re [2022] EWFC 138 (B) (28 September 2022)

C, Re [2022] EWFC 138 (B) (28 September 2022)

There is no reliable or probative evidence that John J sexually abused Christina J. The allegations are not established on the balance of probabilities. The safeguarding measures taken by Abby A were reasonable in the circumstances, but the evidence does not support a finding of abuse. Contact between John J and Christina J should be restored.

Citation
[2022] EWFC 138 (B)
Parties
Applicant: John J; First Respondent: Abby A; Second Respondent: Christina J (through her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
28 September 2022
Procedural Posture
Family Law Child Arrangements / Allegations of Abuse / Fact Finding Hearing and Final Judgment
Outcome
Allegations of sexual abuse against John J not proved; no findings made against him.
Legal Topics
Allegations of Sexual Abuse, Child Arrangements, Burden and Standard of Proof, Evidence Assessment, Safeguarding Measures
Family Law Child Protection Allegations of Sexual Abuse Child Arrangements Burden and Standard of Proof Evidence Assessment Safeguarding Measures

Case Brief

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Parties

John J

Applicant

Abby A

First Respondent

Christina J (through her Children's Guardian)

Second Respondent

Procedural Posture

Family Law Child Arrangements / Allegations of Abuse / Fact Finding Hearing and Final Judgment

Legal Issues

  1. 1 Whether John J sexually abused his daughter Christina J
  2. 2 Whether the evidence supports a finding of sexual abuse
  3. 3 Appropriateness of safeguarding measures taken by Abby A

Ratio Decidendi

There is no reliable or probative evidence that John J sexually abused Christina J. The allegations are not established on the balance of probabilities. The safeguarding measures taken by Abby A were reasonable in the circumstances, but the evidence does not support a finding of abuse. Contact between John J and Christina J should be restored.

Court Disposition

Allegations of sexual abuse against John J not proved; no findings made against him.

Orders

  • By consent, Child Arrangements Order: Christina J to live with her mother and spend every and all weekends and extended school holidays with her father.