AJ v CJ & Ors

AJ v CJ & Ors

Both parents have emotionally abused the children by manipulating them against the other parent and exposing them to adult information. The mother was found to have physically chastised DY, and the father was found to have struck the mother in April 2019, but not to the extent of strangulation. The evidence did not support regular physical abuse of the children by the father or sexual abuse of the mother. The father’s use of cameras was invasive and contributed to the children’s discomfort. The children’s negative views of the father were influenced by the mother and her partner, but the father’s own actions also contributed. Both parents failed to prioritise the children’s welfare.

Parties
Applicant Father: A J; Respondent Mother: C J; Children: The Children (through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
25 August 2022
Procedural Posture
Child Arrangements Order (family) / Fact Finding Hearing
Outcome
Fact-finding completed; findings made on specific allegations; permission granted to disclose judgment to child protection agencies and the children’s school.
Legal Topics
Child Arrangements, Domestic Abuse, Parental Responsibility, Emotional Abuse, Physical Abuse, Contact Orders
Family Law Child Law Child Arrangements Domestic Abuse Parental Responsibility Emotional Abuse Physical Abuse Contact Orders

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Parties

A J

Applicant Father

C J

Respondent Mother

The Children (through their Children’s Guardian)

Children

Procedural Posture

Child Arrangements Order (family) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother or father perpetrated physical, emotional, or financial abuse against each other or the children
  2. 2 Whether the children were manipulated by either parent
  3. 3 Whether the children were left unsupervised or exposed to inappropriate situations during contact with the father

Ratio Decidendi

Both parents have emotionally abused the children by manipulating them against the other parent and exposing them to adult information. The mother was found to have physically chastised DY, and the father was found to have struck the mother in April 2019, but not to the extent of strangulation. The evidence did not support regular physical abuse of the children by the father or sexual abuse of the mother. The father’s use of cameras was invasive and contributed to the children’s discomfort. The children’s negative views of the father were influenced by the mother and her partner, but the father’s own actions also contributed. Both parents failed to prioritise the children’s welfare.

Court Disposition

Fact-finding completed; findings made on specific allegations; permission granted to disclose judgment to child protection agencies and the children’s school.

Orders

  • Permission to disclose judgment to child protection agencies and the children’s school.