A Father v A Mother [2024] EWFC 232 (B) (29 February 2024)

A Father v A Mother [2024] EWFC 232 (B) (29 February 2024)

The court found, on the balance of probabilities, that Mr F perpetrated coercive and controlling behaviour and emotional abuse towards Ms H and the children, causing them significant harm. Ms H's allegations were corroborated by consistent evidence, including professional reports and her own testimony. Mr F's counter-allegations were found to be unsubstantiated and a manipulative attempt to deflect from his own conduct.

Citation
[2024] EWFC 232 (B)
Parties
Applicant Father: Mr F; Respondent Mother: Ms H
Jurisdiction
England and Wales
Judgment Date
29 February 2024
Procedural Posture
Children Act 1989 Child Arrangements and Family Law Act 1996 Proceedings / Fact Finding Hearing
Outcome
Findings made in favour of the respondent mother; Mr F found to have perpetrated coercive and controlling behaviour and emotional abuse.
Legal Topics
Child Arrangements Orders, Prohibited Steps Orders, Specific Issue Orders, Non Molestation Orders, Domestic Abuse, Coercive and Controlling Behaviour
Family Law Child Arrangements Orders Prohibited Steps Orders Specific Issue Orders Non Molestation Orders Domestic Abuse Coercive and Controlling Behaviour

Case Brief

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Parties

Mr F

Applicant Father

Ms H

Respondent Mother

Procedural Posture

Children Act 1989 Child Arrangements and Family Law Act 1996 Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether Mr F or Ms H perpetrated domestic abuse, specifically coercive and controlling behaviour, towards the other and the children
  2. 2 Whether the allegations of abuse made by each party are substantiated on the balance of probabilities

Ratio Decidendi

The court found, on the balance of probabilities, that Mr F perpetrated coercive and controlling behaviour and emotional abuse towards Ms H and the children, causing them significant harm. Ms H's allegations were corroborated by consistent evidence, including professional reports and her own testimony. Mr F's counter-allegations were found to be unsubstantiated and a manipulative attempt to deflect from his own conduct.

Court Disposition

Findings made in favour of the respondent mother; Mr F found to have perpetrated coercive and controlling behaviour and emotional abuse.

Orders

  • Mr F's applications for child arrangements, prohibited steps, and specific issue orders are dismissed as to findings of abuse.
  • Ms H's application for findings of domestic abuse is granted.