Threshold, Fact Findings and Standards of Proof: Current Dilemmas - Family Law journal
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Nov 5, 2010, 12:11 PM
Article ID :92743
SAFDA MAHMOOD, Senior Local Authority Solicitor
For those of you like me, who have grown up with the ‘Agatha Christie' series of books, or more recently, with programmes such as ‘CSI Miami,' I am sure you will agree that as the plot thickens, the evidence points to a number of people as being in the ‘pool of perpetrators.' It is only when the evidence has been pieced together that you find the finger ‘points' to one or more particular person. The threshold criteria in care proceedings is not very different from this, in that there are often difficult questions facing the court as to who ‘caused' the injury to the child. This article deals with frequently asked questions over the threshold criteria in public law children proceedings especially recent case law, the continuing use and benefits of threshold documents and the problems facing judges with the standard of proof.
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