P (A Child), Re

P (A Child), Re

The trial judge correctly applied the civil standard of proof, considered all relevant evidence including expert reports and parental credibility, and was entitled to find that the serious allegations against the father were not proved on the balance of probabilities. The appeal is dismissed.

Parties
Appellant: Mother; Respondent: Father; Subject: A (the child)
Jurisdiction
England and Wales
Judgment Date
07 July 2009
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding Determination
Outcome
Appeal dismissed
Legal Topics
Child Contact, Fact Finding Hearings, Standard of Proof, Parental Conflict, Expert Evidence
Family Law Child Law Child Contact Fact Finding Hearings Standard of Proof Parental Conflict Expert Evidence

Case Brief

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Parties

Mother

Appellant

Father

Respondent

A (the child)

Subject

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding Determination

Legal Issues

  1. 1 Whether the trial judge applied the correct standard of proof in fact-finding regarding allegations against the father
  2. 2 Whether the judge properly analysed the child's allegations and the evidence of professionals
  3. 3 Whether the judge erred in his assessment of parental credibility and the weight given to expert evidence

Ratio Decidendi

The trial judge correctly applied the civil standard of proof, considered all relevant evidence including expert reports and parental credibility, and was entitled to find that the serious allegations against the father were not proved on the balance of probabilities. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Fact-finding determination upheld
  • Case to revert to County Court for further directions on contact