S -v- C and TC 7-Jul-2006 [2006] JRC 103 (07 July 2006)

S -v- C and TC 7-Jul-2006 [2006] JRC 103 (07 July 2006)

The court found no credible or corroborated evidence that the father or uncle had sexually abused R or posed a risk to the children. The court preferred the evidence of Dr Boakes, who concluded that R's allegations were the product of false memory syndrome induced by suggestive therapy, over the evidence of Dr Royston and Mr Bainbridge, which was found to be uncritical and lacking objectivity. The court held that the allegations did not justify a prohibited steps order or restriction on the father's contact with his children.

Citation
[2006] JRC 103
Parties
Applicant: Father; Respondent: Mother; Intervenor: Uncle
Jurisdiction
Jersey
Judgment Date
07 July 2006
Procedural Posture
Family Law Contact and Prohibited Steps Orders / Final Judgment After Trial
Outcome
Mother's application for a prohibited steps order dismissed; father's application for contact order granted.
Legal Topics
Contact Orders, Prohibited Steps Orders, Allegations of Sexual Abuse, Expert Evidence, False Memory Syndrome
Family Law Child Protection Contact Orders Prohibited Steps Orders Allegations of Sexual Abuse Expert Evidence False Memory Syndrome

Case Brief

Summary, issues, holding and outcome

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Parties

Father

Applicant

Mother

Respondent

Uncle

Intervenor

Procedural Posture

Family Law Contact and Prohibited Steps Orders / Final Judgment After Trial

Legal Issues

  1. 1 Whether the father or uncle sexually abused R or posed a risk to H and E
  2. 2 Whether a prohibited steps order should be made against the father or uncle
  3. 3 Whether the father should have contact with his children

Ratio Decidendi

The court found no credible or corroborated evidence that the father or uncle had sexually abused R or posed a risk to the children. The court preferred the evidence of Dr Boakes, who concluded that R's allegations were the product of false memory syndrome induced by suggestive therapy, over the evidence of Dr Royston and Mr Bainbridge, which was found to be uncritical and lacking objectivity. The court held that the allegations did not justify a prohibited steps order or restriction on the father's contact with his children.

Court Disposition

Mother's application for a prohibited steps order dismissed; father's application for contact order granted.

Orders

  • No prohibited steps order to be made against the father or uncle.
  • Father to have contact with his children.