“In the case of Re W (A Child)  EWCA Civ 772 Ryder LJ (as he then was) observed as follows with respect to the significance of parents who make or cause to be made false allegations of physical and sexual abuse:
“Given the prevalence of false allegations made by parents against each other in private law proceedings, conduct at this level by a parent should be understood to be serious child abuse that will usually necessitate intervention by a court.””
I have looked at family cases before on this blog, usually in the context of witness evidence and issues relating to the burden of proof. Many of the decisions of family judges have to be taken on the basis of oral evidence alone, with little documentation. It is hardly surprising that the family courts have come to place great emphasis on the fairness and impartiality of the process of investigation, particularly by professionals. In AS -v- TH  EWHC 532 (Fam) Mr Justice Macdonald considered a case where the process of investigation went badly wrong.
This case is put in this series on “proving things” because the process of investigation, and the adequacy and competence of those interviewing witnesses, is rarely considered in court judgments. More often the judge is concerned with the result. However it is important that the process is considered whenever possible.
“it is as if…
View original post 4,310 more words