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Mother ‘lied to court’ about abuse

Family Law|June 11th 2016

A mother of two lied when she accused the father of her youngest child of rape, domestic violence and abuse, the High Court has ruled.

In a lengthy judgment, Mr Justice MacDonald dismissed all thirteen of the accusations the woman made against her former partner.

The couple began their relationship in 2007 and had a son, ‘S’, in 2009. S was the mother’s second child. The family moved from England to Scotland the following December but their relationship soon broke down.

In the summer of 2014, the mother collected S and took him back to England after she assured the father she would return the boy in time for the start of the next school year. However, she remained in England from that point onwards and did not give a reason for this decision.

The father then launched legal proceedings in Scotland to have S returned to his care. It was only at this point that the mother made several serious accusations about the father. Among other claims, she said that he had raped her on two occasions, was physically violent with her and her two children, and had sexually abused the children.

While the father vehemently denied every single one of the mother’s accusations, the two children backed up her claims. However, after they had been interviewed by police, the officer who spoke to them concluded that the children had been coached by their mother. This suspicion was shared by social workers on the case, who believed the mother spoke to them “in a way that was not age appropriate” and that she “lacked boundaries of what she should and should not talk about in front of the children”.

At the Royal Courts of Justice, Mr Justice MacDonald said that many of the mother’s accusations “lack[ed] specificity in terms of timing” and noted that the mother had been unable “to specify any particular incident of domestic abuse”. After hearing the mother give evidence, he believed she had “told a significant number of lies” to law enforcement and other professionals. When she was challenged on simple details, she either failed to answer the question or “sought refuge in the stock phrase “my head was all over the place“”.

He concluded that none of her claims were true and ruled that both children had “suffered significant emotional harm as a result of the care given to them by their mother”.

The judge noted that the father still faced criminal charges in Scotland as a result of her accusations.

Read AS v TH (False Allegations of Abuse) in full here.

The blog team at Stowe is a group of writers who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. Guest contributors also regularly contribute to share their knowledge.

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  1. spinner says:

    Tip of the iceberg, now she’s been found to have lied about her claims of domestic violence as so many women do, she must be due some time in jail. It would be interesting to analyse from a bias point of view the amount of time she spends in jail compared to a man who has committed perjury against someone else for a similarly serious type of crime such as rape and battery which would I guess attract if found guilty 5 or more years in prison. Maybe that’s one for you John, prove with data and fact that the UK courts are as you consider not bias.

  2. JamesB says:

    Lol. These courts are so outdated, how is this news or open court? Every family court and cafcass office up and down the country sees women lying, every hour of every day on this.

  3. Luke says:

    The judge noted that the father still faced criminal charges in Scotland as a result of her accusations.
    If this article here is correct I’d like to say I am shocked that he is still facing criminal charges – but given the Mark Pearson case below I’m really not:-
    NOBODY (CPS; Police; accuser) seems to have faced any consequences for this disgrace. !

    • L says:

      I wonder why the accused did not pursue the matter for slander/libel….understandable if he considered it futile, given the shameful mishandling by the authorities.

  4. LP says:

    I find myself in a similar position; case ongoing.
    As a health care professional, even if I am exonerated in the family court and police decide to take no further action, there will always be an abhorrent stain on my character.
    The result of the background stain (record of a police ‘investigation’, though not charged) suggests I will never again be able to work in my chosen career, as a record of the police ‘investigation’ remains forever; under the circumstances how could any health care employer justify taking a chance on such an employee?
    Until the Family courts perform their duty “To act in the best interest of the children” and tackle the issue of lying in court, the problem will continue unabated, and for the ‘resident’ parent, there are financial incentives to lie (legal aid, increased CMS payments etc)……….Justice?

  5. Michael says:

    This case and many others would seem to make a mockery of the entire system.
    There is so much at stake for parents and children in the family court that it is little wonder why parents who experience this injustice have little faith in the courts.

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