P, Re [2015] EWFC B70 (25 March 2015)

P, Re [2015] EWFC B70 (25 March 2015)

The court found, on the balance of probabilities, that the mother had sole care of A at the relevant time and caused the non-accidental injury (bruise) to A's cheek by nipping her. The evidence did not substantiate that the father was present at the home at the relevant time or that he sexually abused A. Both parents were found to have breached agreements with the local authority and to have engaged in arguments in A's presence, causing her distress.

Citation
[2015] EWFC B70
Parties
Mother / First Respondent: JDW; Father / Second Respondent: V 'B' P; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
25 March 2015
Procedural Posture
Care Proceedings (public Law) / Fact Finding Hearing
Outcome
Findings of fact made as set out in the judgment; mother found to have caused the injury to A; no finding of sexual abuse by father; both parents found to have breached agreements and engaged in inappropriate conduct.
Legal Topics
Care Orders, Interim Care Orders, Domestic Violence, Non Accidental Injury, Parental Responsibility, Standard of Proof, Witness Credibility
Family Law Child Protection Care Orders Interim Care Orders Domestic Violence Non Accidental Injury Parental Responsibility Standard of Proof +1 more

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Parties

JDW

Mother / First Respondent

V 'B' P

Father / Second Respondent

Local Authority

Applicant

Procedural Posture

Care Proceedings (public Law) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother or father caused the non-accidental injury (bruise) to child A's cheek
  2. 2 Whether the father was present at the home at the relevant time
  3. 3 Whether the father sexually abused A

Ratio Decidendi

The court found, on the balance of probabilities, that the mother had sole care of A at the relevant time and caused the non-accidental injury (bruise) to A's cheek by nipping her. The evidence did not substantiate that the father was present at the home at the relevant time or that he sexually abused A. Both parents were found to have breached agreements with the local authority and to have engaged in arguments in A's presence, causing her distress.

Court Disposition

Findings of fact made as set out in the judgment; mother found to have caused the injury to A; no finding of sexual abuse by father; both parents found to have breached agreements and engaged in inappropriate conduct.