Read the full judgment text of FCJA 2057/2016 on BabelCite. This FCJA judgment was delivered on 21 November 2017 before Her Honour Judge Sharon D. Melloy.
Family law – custody dispute – sexual abuse allegation – standard of proof – costs – Fact Finding hearing – District Court – balance of probabilities – malicious allegations – Facebook posting – party and party costs – The court applied the civil standard of proof requiring cogent evidence for serious allegations – The mother failed to prove Ms. N sexually abused the child or behaved inappropriately – Ms. N exonerated and father's undertaking discharged – Mother ordered to pay costs on party and party basis due to malicious undercurrent and Facebook posting
Legal issues: Standard of proof for sexual abuse allegation · Costs order
Outcome: Ms. N exonerated; Father's undertaking discharged; Mother ordered to pay costs
Cited by 1 case · Cites 5 cases