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Family Law

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29 OCT 2012

CARE PROCEEDINGS:Re M (Fact-Finding Hearing: Burden of Proof)

(Court of Appeal, Ward, Lloyd, Rafferty LJJ, 22 October 2012) 

The local authority issued proceedings after the child suffered a number of unexplained bruises. During a fact-finding hearing the judge found the parents' explanations were not wholly credible and was satisfied that one of parents had caused the bruises while the other had failed to protect.

The parents appeal was allowed. The judge had fallen into error and reversed the burden of proof in making the parents prove the injuries were accidental. The judgment on failure to protect was confusing and lacked sufficient reasoning.


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