M-H (Children) [2006] EWCA Civ 499 (09 March 2006)

M-H (Children) [2006] EWCA Civ 499 (09 March 2006)

The trial judge's findings of inappropriate sexual boundaries and limited inappropriate touching were justified on the evidence and met the required standard of proof. The appeal did not demonstrate any error warranting interference with the findings or orders for supervised contact and therapeutic intervention.

Source-derived case information.

Citation
[2006] EWCA Civ 499
Parties
Appellant: Mr Michael Nicholls; Respondent: Ms R Budden
Jurisdiction
England and Wales
Judgment Date
09 March 2006
Procedural Posture
Children Act Proceedings (family Law, Child Protection) / Application for Permission to Appeal and Substantive Appeal From Findings of Fact at Preliminary Hearing
Outcome
Permission to appeal granted; appeal dismissed.
Legal Topics
Findings of Fact, Inappropriate Sexual Boundaries, Supervised Contact, Procedural Orders in Split Trials, Appeal Time Limits
Family Law Child Protection Findings of Fact Inappropriate Sexual Boundaries Supervised Contact Procedural Orders in Split Trials Appeal Time Limits

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Parties

Mr Michael Nicholls

Appellant

Ms R Budden

Respondent

Procedural Posture

Children Act Proceedings (family Law, Child Protection) / Application for Permission to Appeal and Substantive Appeal From Findings of Fact at Preliminary Hearing

Legal Issues

  1. 1 Whether the trial judge erred in making findings of inappropriate sexual boundaries and limited sexual abuse on the balance of probabilities
  2. 2 Whether the findings justified continued supervised contact and therapeutic intervention
  3. 3 Whether the order should have expressly recorded the findings of fact

Ratio Decidendi

The trial judge's findings of inappropriate sexual boundaries and limited inappropriate touching were justified on the evidence and met the required standard of proof. The appeal did not demonstrate any error warranting interference with the findings or orders for supervised contact and therapeutic intervention.

Court Disposition

Permission to appeal granted; appeal dismissed.

Orders

  • Supervised contact to continue pending therapeutic intervention.
  • Parties to seek therapeutic family work as directed by the trial judge.