M.Q. -v- T.Q. [2013] IEHC 649 (21 June 2013)

M.Q. -v- T.Q. [2013] IEHC 649 (21 June 2013)

The court found, on the balance of probabilities, that all questions regarding sexual abuse and inappropriate behaviour posed in the court’s directions should be answered in the negative. The evidence did not support the allegations of sexual abuse, and the expert reports questioning the methodology and conclusions of St. Louise’s Unit were persuasive. The mother and her family were found to be credible but mistaken, influenced by emotional and psychological factors rather than malice.

Citation
[2013] IEHC 649
Parties
Applicant/respondent: M. Q.; Respondent/appellant: T. Q.
Jurisdiction
Ireland
Judgment Date
21 June 2013
Procedural Posture
Family Law Appeal / Judgment on Preliminary Issue During Appeal From Circuit Court Order Refusing Access
Outcome
All allegations of sexual abuse and inappropriate behaviour found not proven; preliminary issue resolved against the mother.
Legal Topics
Child Sexual Abuse Allegations, Access to Children, Expert Evidence, Standard of Proof
Family Law Child Protection Child Sexual Abuse Allegations Access to Children Expert Evidence Standard of Proof

Case Brief

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Parties

M. Q.

Applicant/respondent

T. Q.

Respondent/appellant

Procedural Posture

Family Law Appeal / Judgment on Preliminary Issue During Appeal From Circuit Court Order Refusing Access

Legal Issues

  1. 1 Whether sexual abuse occurred as alleged by the mother
  2. 2 Whether the father should be granted access to the children
  3. 3 Credibility and reliability of expert reports and witness evidence

Ratio Decidendi

The court found, on the balance of probabilities, that all questions regarding sexual abuse and inappropriate behaviour posed in the court’s directions should be answered in the negative. The evidence did not support the allegations of sexual abuse, and the expert reports questioning the methodology and conclusions of St. Louise’s Unit were persuasive. The mother and her family were found to be credible but mistaken, influenced by emotional and psychological factors rather than malice.

Court Disposition

All allegations of sexual abuse and inappropriate behaviour found not proven; preliminary issue resolved against the mother.

Orders

  • All questions set out in the court’s directions answered in the negative.
  • No finding of sexual abuse or inappropriate behaviour by the father.