J v J (Fact Find) [2022] EWFC 183 (B) (25 August 2022)

J v J (Fact Find) [2022] EWFC 183 (B) (25 August 2022)

The court found both parents had credibility issues but determined, on the balance of probabilities, that the father had struck the mother in April 2019 causing injury, accused her of infidelity, and prevented the children’s return to the UK, disrupting their schooling. The father left the children unsupervised on one occasion and made them record a video against their wishes. The mother was found to have hit DY out of anger. Allegations of financial control, sexual threats, and some physical abuse were not substantiated. The presence of cameras was found to be invasive but not proven to be used for blackmail. The findings will inform the welfare decision for the children.

Citation
[2022] EWFC 183 (B)
Parties
Applicant Father: A J; Respondent Mother: C J; Respondents: The Children (Through Their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
25 August 2022
Procedural Posture
Child Arrangements Order (family Law) / Fact Finding Hearing
Outcome
Fact-finding completed; findings of fact made on disputed allegations to inform welfare decision.
Legal Topics
Child Arrangements, Domestic Abuse, Parental Responsibility, Fact Finding, Contact Disputes
Family Law Child Law Child Arrangements Domestic Abuse Parental Responsibility Fact Finding Contact Disputes

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Parties

A J

Applicant Father

C J

Respondent Mother

The Children (Through Their Children's Guardian)

Respondents

Procedural Posture

Child Arrangements Order (family Law) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother or father perpetrated physical, emotional, or psychological abuse against the children or each other
  2. 2 Whether the father exercised coercive or controlling behaviour, including financial control and surveillance
  3. 3 Whether the children were manipulated or coached by either parent

Ratio Decidendi

The court found both parents had credibility issues but determined, on the balance of probabilities, that the father had struck the mother in April 2019 causing injury, accused her of infidelity, and prevented the children’s return to the UK, disrupting their schooling. The father left the children unsupervised on one occasion and made them record a video against their wishes. The mother was found to have hit DY out of anger. Allegations of financial control, sexual threats, and some physical abuse were not substantiated. The presence of cameras was found to be invasive but not proven to be used for blackmail. The findings will inform the welfare decision for the children.

Court Disposition

Fact-finding completed; findings of fact made on disputed allegations to inform welfare decision.

Orders

  • Findings of fact as set out in the judgment to be used in subsequent welfare proceedings.
  • No immediate change to child arrangements pending welfare determination.