TB v DB

TB v DB

The court found the allegations of past violence and rape against TB and SB, and allegations of sexual abuse by SB, to be untrue. The evidence was contaminated, unreliable, and the mother's actions were aimed at thwarting the father's contact with D, not acting in D's best interests.

Parties
Applicant: TB; Respondent: DB; Child: D; Other: 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 not proved; allegations of sexual abuse and violence found untrue.
Legal Topics
Residence Orders, Contact Arrangements, False Allegations, Child Sexual Abuse, Domestic Violence
Family Law Child Protection Residence Orders Contact Arrangements False Allegations Child Sexual Abuse Domestic Violence

Case Brief

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Parties

TB

Applicant

DB

Respondent

D

Child

SB

Other

Ms. Beth Coulthard

Guardian Ad Litem

Procedural Posture

Family / Fact Finding Hearing and Welfare Determination

Legal Issues

  1. 1 Whether allegations of sexual abuse against SB are true
  2. 2 Whether allegations of violence and rape against TB and SB are true
  3. 3 Whether DB's allegations against TB are substantiated

Ratio Decidendi

The court found the allegations of past violence and rape against TB and SB, and allegations of sexual abuse by SB, to be untrue. The evidence was contaminated, unreliable, and the mother's actions were aimed at thwarting the father's contact with D, not acting in D's best interests.

Court Disposition

Allegations against TB and SB not proved; allegations of sexual abuse and violence found untrue.

Orders

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