preponderance • balance of probabilities • implacable hostility
Wish I knew how it works!
Wish I knew...
Wish I was less rigid with my views.
- uk.practicallaw.thomsonreuters.com/2-500-6576?transitionType=Default&contextData=(sc.Default)
- en.wikipedia.org/wiki/Burden_of_proof_(law)
From: http://www.bailii.org/ew/cases/EWFC/OJ/2017/B103.html
At the end of the hearing, I concluded that the mother had not satisfied me on the simple balance of probabilities that any of her allegations were true.
Letter from GP:
I also ordered the mother to file medical evidence as to her inability to attend court. Although she has filed a certificate from her GP, it is a certificate saying that she is not fit to work and does not say that she is not fit to come to court.
More:
These proceedings are emotionally distressing for the father.
From the father's perspective, continuation of these proceedings may well do more harm than good so far as J is concerned. After seven continuous years of litigation – litigation which has singularly failed to enable him to have a meaningful relationship with his son – it is time to give up the fight and, although he does not put it in these emotive terms, to admit defeat. The Children's Guardian shares the father's concerns. She now supports his application to withdraw the proceedings and shares his views as to the reasons why they should be withdrawn.
I am acutely conscious of the fact that, in allowing this father's application to withdraw these proceedings, I am taking a step which may not be in the best long-term interests of this little boy. However, with both misgivings and regret, I accept that it is appropriate to accede to the father's request to withdraw his application.
A year ago I was a loving father who does everything to restore relationship with children.
So many things can change in a year!
You can ask, but it will continued regardless
https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_29#IDABPVKC
a person seeking permission to withdraw an application must file a written request for permission setting out the reasons for the request
http://www.familylawweek.co.uk/site.aspx?i=ed146423
So much time had gone by since contact last properly took place (6/7 years) that the judge was entitled to find that restarting contact would not work.