A v R & Anor [2025] EWFC 95 (B) (03 April 2025)

A v R & Anor [2025] EWFC 95 (B) (03 April 2025)

R failed to prove any of her allegations against A on the balance of probabilities. Her credibility was significantly undermined by inconsistencies, failure to disclose prior adverse findings and court orders, and lack of corroborative evidence. The non-molestation application is dismissed. A is entitled to contact with Z, subject to arrangements to be specified by the NYAS caseworker and further directions.

Citation
[2025] EWFC 95 (B)
Parties
Claimant: A; 1st Respondent: R; 2nd Respondent: Z (a child)
Jurisdiction
England and Wales
Judgment Date
03 April 2025
Procedural Posture
Family Law Child Arrangements and Non Molestation / Post Fact Finding Hearing, Judgment and Orders
Outcome
Non-molestation application dismissed; child arrangements (contact) to be implemented as specified by NYAS and further court directions.
Legal Topics
Child Arrangements Order, Prohibited Steps Order, Non Molestation Order, Fact Finding Hearing, Domestic Abuse Allegations, Disclosure Obligations, Parental Responsibility
Family Law Child Law Domestic Abuse Child Arrangements Order Prohibited Steps Order Non Molestation Order Fact Finding Hearing Domestic Abuse Allegations +2 more

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Parties

A

Claimant

R

1st Respondent

Z (a child)

2nd Respondent

Procedural Posture

Family Law Child Arrangements and Non Molestation / Post Fact Finding Hearing, Judgment and Orders

Legal Issues

  1. 1 Whether R's allegations of domestic abuse, including rape, coercive control, financial and physical abuse against A, are proved on the balance of probabilities
  2. 2 Whether R's failure to disclose previous adverse findings and court orders affects her credibility and the outcome of her non-molestation application
  3. 3 Whether A should have contact with Z and under what arrangements

Ratio Decidendi

R failed to prove any of her allegations against A on the balance of probabilities. Her credibility was significantly undermined by inconsistencies, failure to disclose prior adverse findings and court orders, and lack of corroborative evidence. The non-molestation application is dismissed. A is entitled to contact with Z, subject to arrangements to be specified by the NYAS caseworker and further directions.

Court Disposition

Non-molestation application dismissed; child arrangements (contact) to be implemented as specified by NYAS and further court directions.

Orders

  • Non-molestation application by R against A dismissed.
  • A to have contact with Z as specified by NYAS caseworker Ms Griffiths, pending further report and directions.