MG v SN
[2024] EWFC 202 (B)
SA v IP
24 July 2024
[2024] EWFC 203 (B)
Family Court
Mom accused Dad of abusing her and their baby girl. A judge listened to both sides and looked at evidence like diaries and expert reports. The judge didn't believe most of Mom's accusations, but said Dad's behavior could indirectly harm the baby by causing instability. The judge decided Dad should see the baby more often, without a supervisor.
Key Facts
- •Father (SA) applied for a child arrangements order for shared care of his 2-year-old daughter (C).
- •Mother (IP) made several allegations of abuse against the father, including physical assault, non-consensual sex, and inappropriate behavior towards C.
- •A fact-finding hearing was ordered to assess the mother's allegations.
- •A forensic psychologist, Dr. Dowd, assessed the father and concluded he posed no direct sexual risk to C but an indirect risk due to lifestyle choices.
- •The court considered diary entries written by the father detailing past sexual experiences, including childhood sexual abuse.
Legal Principles
The burden of proving a fact lies on the party making the allegation.
Well-established guiding principles
To prove an allegation, the court must be satisfied it's more likely than not that the event occurred.
Well-established guiding principles
A binary analysis applies: an allegation is either proved or not proved.
Well-established guiding principles
Findings must be based on evidence and inferences, not suspicion or speculation. Inherent probabilities can be considered.
Well-established guiding principles
Evidence should be evaluated holistically, considering context and weight of different features.
Well-established guiding principles
Definition of abusive behaviour according to the Domestic Abuse Act 2021.
Domestic Abuse Act 2021
Not all directive, assertive, stubborn, or selfish behaviour constitutes abuse; intention and harmful impact are crucial.
Re H-N and Others (children) (domestic abuse: finding of fact hearings) 2021 EWCA Civ 448
Not all complaints in family cases amount to domestic abuse.
Re L (Relocation: Second Appeal) [2017] EWCA Civ 2121
Outcomes
Most of the mother's allegations of abuse were not proven.
The court found insufficient evidence to establish the allegations on the balance of probabilities. Several inconsistencies in the mother's accounts and the lack of corroborating evidence were key factors.
The father poses no direct sexual risk to C but an indirect risk due to his lifestyle choices.
The court accepted Dr. Dowd's expert opinion, finding that the father's past sexual experiences and current behavior didn't indicate a direct sexual risk to the child. However, the father's lifestyle choices, including multiple overlapping relationships, created an indirect risk to the child's stability.
The current supervised contact arrangements between the father and C should be urgently increased and become unsupervised.
Given the outcome of the fact-finding hearing and positive contact reports, the court deemed increased and unsupervised contact to be in C's best interest.