4 Dukes Green Avenue, London TW14 0LR |
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B e f o r e :
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LONDON BOROUGH OF [ ] |
Applicant |
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- and – |
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(1) The Mother (2) The Father (3-4) T & S (by their Children's Guardian) (5) J |
Respondents |
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Jessica Redford (instructed by Atkins Hope Solicitors) for the First Respondent Mother
Philip Squire (instructed by Thompson & Co Solicitors) for the Second Respondent Father
Sylvester Mcllwain (instructed by Lovell Chohan) for the Third and Fourth Respondent Children
Mark Rawcliffe (instructed by Blaser Mills Law) for the Fifth Respondent Child
Hearing dates: 4, 9-10 December 2024 and 9 January 2025
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Crown Copyright ©
His Honour Judge Willans:
Introduction
Order sought
Legal Principles
i) It is the responsibility of the applicant to prove the allegations.
ii) The father has no legal burden or duty to disprove the allegations.
iii) The applicant will prove an allegation if it establishes the event as being more likely than not to have occurred.
iv) If the applicant crosses this threshold then the allegation will be a fact within the proceedings. If not the allegations will be wholly ignored.
v) I should have regard to all the available evidence including the wide canvas of information which might shed light on the allegations. I should pay particular regard to the evidence given by the central witnesses to the matters under dispute.
vi) If I find a witness has lied I should pause before going on to draw a conclusion as to generalised dishonesty. In doing so I should reflect on the principle found in the criminal case of R v Lucas.
vii) I am entitled to have regard to the demeanour of a witness and the manner in which they gave evidence in considering both their credibility and the veracity of their evidence. However, I should be mindful of the potential for demeanour to be a poor marker of veracity. The key purpose of witness testimony will be to assess consistency both internally and when compared and contrasted with other evidence.
Background
Threshold Assessment
Has T / the children been physically abused by their father?
Threshold generally
Welfare Assessment
Wishes and feelings
Needs
Personal characteristics
Likely effect of a change of circumstance
Risk of harm
Capability of each parent
Powers of the Court
Conclusions
Contact
His Honour Judge Willans