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Family Law

The leading authority on all aspects of family law

02 AUG 2012

RESIDENCE:Re W (Withdrawal of Allegations of Abuse)

(Court of Appeal, Ward, Aikens, Black LJJ, 24 July 2012)

The mother had withdrawn allegations against the father and agreed to the children having contact with their father. The mother subsequently attempted an overdose and the children were taken into the care of their father. The father applied for a residence order which prompted the mother to reopen the previous allegations which she claimed she had only withdrawn because she had been bullied by her legal advisors.

The judge refused the mother permission to revive the allegations and the mother appealed. Appeal dismissed. It was in the interests of justice for the truth to be established but due to the long delay and the fact that matters had moved on considerably it was not in the children's best interests to reopen the matter

 

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