F v M [2022] EWFC 74 (07 February 2022)

F v M [2022] EWFC 74 (07 February 2022)

The Deputy District Judge erred by excluding the allegation of non-consensual sexual touching from the fact-finding hearing, as it could form part of a pattern of controlling and coercive behaviour relevant to risk assessment for the child. The allegation must be determined as part of the fact-finding process.

Citation
[2022] EWFC 74
Parties
Respondent to the Appeal: F; Appellant in the Appeal: M
Jurisdiction
England and Wales
Judgment Date
07 February 2022
Procedural Posture
Family Law Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Child Arrangements Order, Domestic Abuse, Fact Finding Hearing, Case Management
Family Law Child Arrangements Order Domestic Abuse Fact Finding Hearing Case Management

Case Brief

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Parties

F

Respondent to the Appeal

M

Appellant in the Appeal

Procedural Posture

Family Law Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the allegation of non-consensual sexual touching should be determined at the fact-finding hearing
  2. 2 Approach to allegations of controlling and coercive behaviour in Family Court

Ratio Decidendi

The Deputy District Judge erred by excluding the allegation of non-consensual sexual touching from the fact-finding hearing, as it could form part of a pattern of controlling and coercive behaviour relevant to risk assessment for the child. The allegation must be determined as part of the fact-finding process.

Court Disposition

Appeal allowed

Orders

  • The allegation of non-consensual sexual touching is to be determined at the fact-finding hearing.
  • Narrative statements from each parent are directed, setting out their description of the relationship and behaviour relevant to controlling and coercive behaviour.