C, Re

C, Re

There is no reliable evidence that John J sexually abused Christina J. The allegations were not proved to the requisite standard. The evidence, including the child's inconsistent accounts, the lack of probative medical findings, and the acceptance by Abby A of alternative explanations, does not establish that any sexual abuse occurred. The restriction of contact was not justified on the evidence.

Parties
Applicant: John J; First Respondent: Abby A; Second Respondent: Christina J (through her Children’s Guardian, Ms Deborah Turner)
Jurisdiction
England and Wales
Judgment Date
28 September 2022
Procedural Posture
Family Law Child Arrangements / Fact Finding Hearing / Judgment After Finding of Fact Hearing
Outcome
Allegations of sexual abuse not proved; contact between John J and Christina J to be restored.
Legal Topics
Allegations of Sexual Abuse, Child Arrangements, Burden of Proof, Evidential Standards in Family Proceedings
Family Law Child Protection Allegations of Sexual Abuse Child Arrangements Burden of Proof Evidential Standards in Family Proceedings

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Parties

John J

Applicant

Abby A

First Respondent

Christina J (through her Children’s Guardian, Ms Deborah Turner)

Second Respondent

Procedural Posture

Family Law Child Arrangements / Fact Finding Hearing / Judgment After Finding of Fact Hearing

Legal Issues

  1. 1 Whether John J sexually abused his daughter Christina J
  2. 2 Whether contact between John J and Christina J should be restricted or restored
  3. 3 Appropriate evidential standard and process for allegations of sexual abuse in family proceedings

Ratio Decidendi

There is no reliable evidence that John J sexually abused Christina J. The allegations were not proved to the requisite standard. The evidence, including the child's inconsistent accounts, the lack of probative medical findings, and the acceptance by Abby A of alternative explanations, does not establish that any sexual abuse occurred. The restriction of contact was not justified on the evidence.

Court Disposition

Allegations of sexual abuse not proved; contact between John J and Christina J to be restored.

Orders

  • By consent, a Child Arrangements Order: Christina J to live with her mother, Abby A, and spend every weekend and extended school holiday periods with her father, John J.