The Case

Family proceedings Evidence. Court of Appeal, Civil Division: In a case where the mother had commenced private law proceedings following a remark made by her daughter, K, aged five, regarding inappropriate sexual behaviour by the father, the judge had erred in vacating further days listed for a fact finding hearing following hearing only the expert witness. It was crucial for the judge, at a minimum, to hear the evidence of the person to whom K had made the disclosure and the evidence of the parents. In all the circumstances, the judge had been premature in aborting the hearing. The substance of the core concerns were not negated by the failings of proper procedure; nor were they negated by differences in what K had said to several individuals.