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Kara Swift
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FACT-FINDING HEARING: Re JS (Fact-Finding Hearing) [2012] EWHC 1370 (Fam)

Date:30 MAY 2012
Law Reporter

(Family Division, Baker J, 29 March 2012)

The 15-week-old baby was admitted to hospital and found to have sustained a subdural haematoma and bilateral retinal haemorrhages but subsequently made a complete recovery. The local authority initiated care proceedings and child placed with foster carers. The parents' relationship was characterised by domestic violence, both suffered from depression and had attempted suicide. Despite the medical evidence indicating that the child had suffered a non-accidental injury it could not be considered in isolation. Both parents were unsatisfactory witnesses and the mother produced a supposedly contemporaneous journal which was found to have been altered at a later date. She also presented examples of aggressive text messages sent from the father. On the balance of probabilities the father had injured the child by shaking him and the mother had failed to protect the child