Y v W & Z (Rev 1)

Y v W & Z (Rev 1)

On the balance of probabilities, the father sexually abused X in or around November 1999 by penetrative sexual abuse, resulting in gonorrhoea and hymenal injury. The only male with unsupervised access was the father, and alternative explanations were not supported by evidence. The father's denials were found untruthful and motivated to conceal his actions.

Parties
Applicant: Y; First Respondent: W; Second Respondent: Z
Jurisdiction
England and Wales
Judgment Date
15 April 2016
Procedural Posture
Child Arrangements and Prohibited Steps Orders / Judgment After Fact Finding Hearing
Outcome
Findings of fact made against the father; father found to have sexually abused X.
Legal Topics
Child Arrangements Order, Prohibited Steps Order, Sexual Abuse Allegations, Fact Finding Hearing, Expert Evidence, Disclosure, Standard of Proof
Family Law Child Protection Child Arrangements Order Prohibited Steps Order Sexual Abuse Allegations Fact Finding Hearing Expert Evidence Disclosure +1 more

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Parties

Y

Applicant

W

First Respondent

Z

Second Respondent

Procedural Posture

Child Arrangements and Prohibited Steps Orders / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father sexually abused X in 1999
  2. 2 Whether the father poses a risk to Z
  3. 3 Whether the father should have contact with Z

Ratio Decidendi

On the balance of probabilities, the father sexually abused X in or around November 1999 by penetrative sexual abuse, resulting in gonorrhoea and hymenal injury. The only male with unsupervised access was the father, and alternative explanations were not supported by evidence. The father's denials were found untruthful and motivated to conceal his actions.

Court Disposition

Findings of fact made against the father; father found to have sexually abused X.