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Family Law

The leading authority on all aspects of family law

24 JUN 2010

CARE: Re P [2010] EWCA Civ 672

(Court of Appeal; Thorpe and Etherton LJJ and Morgan J; 20 May 2010)

The children were taken into foster care. At a fact-finding hearing the judge found that there was evidence of physical abuse. The children then began to say things to the foster carers suggesting they had been sexually abused. The local authority invited the judge to make additional findings on this issue. The only real evidence was hearsay evidence concerning what a 3-year-old child had said to/done in front of the foster mother. The judge made findings of sexual abuse but granted leave to appeal. 

Appeal dismissed. The judge was entitled to find the father had very low credibility and that the foster mother's account was reliable.  

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