TB v DB [2013] EWHC 2274 (Fam) (25 April 2013)

TB v DB [2013] EWHC 2274 (Fam) (25 April 2013)

The court found the allegations of sexual abuse by SB and violence/rape by TB and SB to be untrue, holding that the evidence was unreliable, contaminated, and that DB's conduct was aimed at disrupting TB's contact with D rather than protecting D's welfare.

Source-derived case information.

Citation
[2013] EWHC 2274 (Fam)
Parties
Applicant: TB; Respondent: DB
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Family Law (child Residence/contact) / Fact Finding Hearing and Welfare Determination
Outcome
All allegations of sexual abuse and violence/rape against TB and SB dismissed as untrue. Allegations in Scott Schedule not made out. Findings in favour of TB.
Legal Topics
Child Residence, Contact Orders, False Allegations, Standard of Proof, Sexual Abuse Allegations, Domestic Violence
Family Law Child Protection Child Residence Contact Orders False Allegations Standard of Proof Sexual Abuse Allegations Domestic Violence

Source-derived case record

Summary, issues, holding and outcome

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Parties

TB

Applicant

DB

Respondent

Procedural Posture

Family Law (child Residence/contact) / Fact Finding Hearing and Welfare Determination

Legal Issues

  1. 1 Whether allegations of sexual abuse by paternal uncle SB against child D are true
  2. 2 Whether allegations of violence and rape by TB and SB against DB are true
  3. 3 Whether DB's conduct was aimed at frustrating TB's contact with D

Ratio Decidendi

The court found the allegations of sexual abuse by SB and violence/rape by TB and SB to be untrue, holding that the evidence was unreliable, contaminated, and that DB's conduct was aimed at disrupting TB's contact with D rather than protecting D's welfare.

Court Disposition

All allegations of sexual abuse and violence/rape against TB and SB dismissed as untrue. Allegations in Scott Schedule not made out. Findings in favour of TB.

Orders

  • Transcript of judgment to be prepared at joint expense of parties.