M v M

The High Court ruled, “…it is a mistake to think that the Family Court is under the same duty to resolve in a definitive way the disputed allegation of sexual abuse as a court exercising criminal jurisdiction would be if it were trying the party for a criminal offence. “ (76).

Criminal matters must be proven to a standard of proof of “beyond reasonable doubt” whereas civil matters such as family law matters must be proven “on the balance of probabilities” which is a lower standard of proof.