High Court Overturns Family Court Judge's Decision on Child Contact Amid Rape Allegations
En resumen
- A mother successfully appealed a Family Court judge's decision allowing overnight contact with children for an ex-partner under police investigation for rape.
- The High Court found the judge erred in dismissing the serious allegations.
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Por qué importa
A mother appealed a Family Court judge's decision to grant overnight contact to an ex-partner under police investigation for rape. The judge had previously faced criticism for his views on consent.
A mother has successfully appealed against a decision made by Family Court Judge Robin Tolson KC, after he allowed her ex-partner - who was being investigated by the police for rape - overnight contact with their three young children.
The father had admitted domestic abuse, including violence and coercive control, and the mother had also claimed he had raped her.
On Monday High Court Judge Michael Keehan said that Judge Tolson had been wrong to dismiss "out of hand so serious an allegation that it was being investigated by the police".
The case will now be reheard.
Judge Tolson was criticised six years ago for his "outdated" views on rape, which included saying that a woman could not have been raped because she did not physically resist her partner.
His decision was overturned by Mrs Justice Russell in January 2020, and he stepped down from his role as a senior judge in London.
The incident made headlines, and prompted dozens of MPs to express concern that Judge Tolson was still hearing Family Court cases involving allegations of rape and domestic abuse outside London.
A mother, who we are calling Anna, sought this week at the High Court to appeal Judge Tolson's judgement from March 2025, when he was hearing her case in Reading Family Court.
She argued that her ex-partner should only have very limited supervised contact with their three children.
Anna said that the father had over several years raped her, subjected her to emotional and verbal abuse, and attempted to strangle her.
At the time of the family court hearing, police were investigating.
Judge Tolson held the final hearing and said the family court did not need to wait for the outcome of the police investigation, or carry out its own investigation.
The mother's barrister Elisabeth Traugott called on the judge to step back from the case because his remarks "aligned" with earlier comments.
Judge Tolson said: "I was criticised in that decision for my approach to the question of consent. I do not accept that criticism."
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The case will be reheard with stricter child contact conditions.
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Preguntas abiertas
- Will the police investigation lead to charges?
- What will be the outcome of the rehearing?
- Will the judge face further repercussions?
