17 Oct 2006
CET-E V DEPARTMENT OF CHILD YOUTH AND FAMILY SERVICES HC WN CIV 2005-485-002156
- Citation
- openlaw-00b37e6a_7cc0_4ba4_9266_a6568ad03f39.pdf
- Court
- High Court
Appeal allowed and interim custody order set aside because the respondent failed to prove on the balance of probabilities that the child suffered cigarette burns or that the genital injury was caused by abuse while in the mother's care; the child's utterances were unreliable given her autistic, ritualised language and prior expert opinion, and medical evidence was inconclusive as to cause and timing, so s71 could not be invoked to justify removal.