TB v DB

TB v DB

The evidence presented by DB regarding allegations of sexual abuse and violence was unreliable, contaminated, and not credible; the court finds the allegations against TB and SB untrue and accepts TB's explanations.

Parties
Applicant: TB; Respondent: DB; Child: D; Paternal Uncle: SB; Guardian Ad Litem: Ms. Beth Coulthard
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Family / Fact Finding Hearing and Welfare Determination
Outcome
Allegations against TB and SB dismissed; findings in favour of TB.
Legal Topics
Residence Order, Allegations of Domestic Violence, Allegations of Sexual Abuse, Contact Arrangements, Standard of Proof
Family Law Child Protection Residence Order Allegations of Domestic Violence Allegations of Sexual Abuse Contact Arrangements Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

TB

Applicant

DB

Respondent

D

Child

SB

Paternal Uncle

Ms. Beth Coulthard

Guardian Ad Litem

Procedural Posture

Family / Fact Finding Hearing and Welfare Determination

Legal Issues

  1. 1 Whether allegations of sexual abuse by SB against D are true
  2. 2 Whether allegations of violence and rape by TB and SB against DB are true
  3. 3 Whether DB's allegations against TB in the Scott Schedule are made out

Ratio Decidendi

The evidence presented by DB regarding allegations of sexual abuse and violence was unreliable, contaminated, and not credible; the court finds the allegations against TB and SB untrue and accepts TB's explanations.

Court Disposition

Allegations against TB and SB dismissed; findings in favour of TB.

Orders

  • Transcript of judgment to be prepared at joint expense of parties.
  • Parties to consider judgment overnight; corrections or further reasons to be notified next day.