Wall J commented on the diffculties arising where an allegation of child abuse remained unresolved on the evidence: ‘It has also had the effect, in the instant case, of producing the worst of all worlds. The father remains under a cloud. Abuse is not proved on the balance of probabilities, but he remains effectively branded an abuser: as the judge himself said, ‘at the very lowest he will remain under suspicion until his daughters are old enough to be able to cope with any risk of abuse themselves’. Furthermore, the mother’s beliefs are reinforced. It thus becomes impossible for the parties and the children to put the issue of sexual abuse behind them. The end result is highly unsatisfactory.’
Judges:
Wall J
Citations:
[1996] 2 FLR 333
Jurisdiction:
England and Wales
Cited by:
Cited – In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) HL 11-Jun-2008
Balance of probabilities remains standard of proof
There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 01 May 2022; Ref: scu.268844