Case No. YO21C00174
Family Court

Case No. YO21C00174

Fecha: 06-Dic-2022

The Mother and the Father

36.I found both the Mother and the Father to possess the following qualities during the course of their evidence. They were calm, appropriately upset, displaying an eagerness to furnish the Court with a true account and to avoid embellishing their evidence to assist what might be perceived by themselves as their own case. I did not find, notwithstanding extensive challenge to their evidence, any relevant inconsistencies. Their descriptions of the presentation of their child and the detail of the accounts of the three episodes had a glaring absence of inconsistencies, either in their individual accounts or between each other. The pain they both felt at their child’s injuries and their separation from both twins was palpable.37. When challenged extensively about the failure to promptly inform the hospital between 17th and 23rd April about the fall on 13th April, I found their explanations entirely plausible. They did not believe that any injury had been sustained at that time and it was only when they were confronted by the multiplicity of fractures that they began to contemplate its relevance. They both however did accept that perhaps they were embarrassed to explain that a further episode of accidental injury had occurred in such a short space of time in the context of having told the hospital of the events of 21st March and 17th April. Such embarrassment I found to be entirely plausible and consistent with a non-perpetrating parent. Indeed a perpetrator may be more likely to overcome such embarrassment, and seek to rely upon another accidental event to falsely explain the injuries caused by their own known assault.38.Both parents are without other social and behavioural difficulties. They were and are in a stable and loving marriage supported by extended family members. They were clearly thrilled at having given birth to twins, whom they loved and adored. Their living arrangements were less than ideal, they having decided to stay through lockdown with the maternal grandmother, who had recently suffered bereavement. This was a small apartment, but not one that was overly cramped or caused too many difficulties. What is clear however, is that the size of the living accommodation would not have easily allowed for non-accidental injuries to be inflicted upon this child without the other adults being aware of such infliction.39.I also heard from the paternal grandfather, the maternal grandmother and the paternal grandmother. The paternal grandfather gave evidence about the events of 21st March. Again, he struck me as an honest witness, trying to recall events which he very much regretted in that his grandchild had slipped from his hands, he had attempted to rescue him but the precise mechanism and detail of that event were not surprisingly quite unclear to him. The maternal grandmother again gave honest evidence that did not seek to embellish, exaggerate or minimise. The cumulative evidence of the extended family was that the parents had the sort of glowing references that sat comfortably with the impression that the parents made upon this Court.