M v F

M v F

The court found that M's allegations against F were not proved on the balance of probabilities. The evidence showed inconsistencies, contradictions, and indications that M influenced A's statements. The court was satisfied that M led A to make allegations, exposed him to her negative views of F, and failed to protect him from adult concerns, thereby frustrating contact and causing emotional harm to A. F did not inappropriately touch A or act as alleged.

Parties
Applicant: M; First Respondent: F
Jurisdiction
England and Wales
Judgment Date
31 October 2024
Procedural Posture
Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment
Outcome
M's allegations against F not proved; F's allegation that M frustrated contact proved.
Legal Topics
Child Arrangements, Allegations of Harm, Parental Alienation, Fact Finding Hearings
Family Law Child Law Child Arrangements Allegations of Harm Parental Alienation Fact Finding Hearings

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Parties

M

Applicant

F

First Respondent

Procedural Posture

Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment

Legal Issues

  1. 1 Whether F inappropriately touched A in a sexual way
  2. 2 Whether F told A not to tell anyone and called it 'his special little game'
  3. 3 Whether M frustrated F's contact with A without reasonable excuse

Ratio Decidendi

The court found that M's allegations against F were not proved on the balance of probabilities. The evidence showed inconsistencies, contradictions, and indications that M influenced A's statements. The court was satisfied that M led A to make allegations, exposed him to her negative views of F, and failed to protect him from adult concerns, thereby frustrating contact and causing emotional harm to A. F did not inappropriately touch A or act as alleged.

Court Disposition

M's allegations against F not proved; F's allegation that M frustrated contact proved.

Orders

  • No safeguarding reasons preventing A or B from having a relationship with F.
  • Welfare stage to consider whether M can support A and B's relationship with F.