‘No evidence’ to support abuse allegations

Family Law|July 27th 2015

The Family Court has ruled that there is “no evidential basis” for a number of abuse allegations made by a mother against her former husband.

The parents met when the mother was 15 and the father was 17. They married in Dagenham in 2007 and subsequently had three children before they separated four years later. The children have not seen their father since the separation.

A month after the final breakdown of their relationship, the mother applied for a non-molestation order and a prohibited steps order against the father to keep him away from her and the children. She made a number of serious allegations against him which included “domestic abuse, marital rape and child cruelty”. The father faced criminal trials as a result and every one ended in an acquittal.

Despite this, the mother continued to pursue these allegations in the family court. In a fact finding hearing, the judge expressed concerns about the mother’s credibility as a witness. Evidence given by a friend of hers had “significantly undermined the mother’s account and supported the suggestion that she was fabricating the allegations to get an injunction against the father”.

As a result, he could not be sure that accusations of domestic abuse or marital rape were true. The judge noted that, in addition to her credibility issues, her accusation of child cruelty “was not supported by any medical or other supporting evidence”.

In response, the mother sought permission to appeal the judge’s ruling. However, before the case could be concluded, she applied to withdraw her application. Despite this request, the mother maintained that the allegations were true. She was concerned that she would not have “enough left in her publicly funded pot to continue to be represented after the appeal has been concluded”. The mother also expressed concern about the welfare of her children if litigation were to continue.

Sitting at the Family Court in East London, Her Honour Judge Carol Atkinson allowed the mother to withdraw her application for permission to appeal. Additionally, she ruled that for “the avoidance of doubt”, the mother would not have been successful.

The judge concluded that there was “no evidential basis for the allegations made against the father by the mother”.

The full judgment is available to read here.

Author: Stowe Family Law

Comments(2)

  1. Andrew says:

    Mothers (and less often fathers) who do this cast doubt on their own fitness to be parents.

  2. stitchedup says:

    As I’ve said before, the good old domestic abuse allegation is the panacea for all a woman’s problems…. Secures legal aid, occupancy of the family home, custody of the children, a better financial settlement etc. etc. false allegations are rife, this man was just lucky the judge could see through them, unlike the police and cps it would appear or perhaps they just arrest and prosecute regardless of the quality of evidence.

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