H-N (the rehearing) [2021] EWFC B98 (05 October 2021)

H-N (the rehearing) [2021] EWFC B98 (05 October 2021)

The court found the father's admissions of two incidents of violence (punching and slapping) but did not find a pattern of coercive or controlling behaviour or further physical or sexual abuse as alleged by the mother. The mother's evidence was found less credible, often inconsistent with documentary and independent evidence, and the father's account was generally preferred. The specific allegations of controlling behaviour, frequent violence, and sexual assault were not proven on the balance of probabilities. The findings will inform future decisions on child arrangements.

Citation
[2021] EWFC B98
Parties
Applicant/father: AH; Respondent/mother: AN; Child: H-N
Jurisdiction
England and Wales
Judgment Date
05 October 2021
Procedural Posture
Children Act Proceedings (child Arrangements Order) / Fact Finding Hearing After Remittal From Court of Appeal
Outcome
Most of the mother's allegations of domestic abuse, coercive and controlling behaviour, and sexual assault against the father were not proven. Only the father's admitted incidents of violence were found proven.
Legal Topics
Child Arrangements, Domestic Abuse, Fact Finding Hearings, Coercive and Controlling Behaviour, Parental Alienation, Hague Convention
Family Law Child Arrangements Domestic Abuse Fact Finding Hearings Coercive and Controlling Behaviour Parental Alienation Hague Convention

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Parties

AH

Applicant/father

AN

Respondent/mother

H-N

Child

Procedural Posture

Children Act Proceedings (child Arrangements Order) / Fact Finding Hearing After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether the father engaged in domestic abuse, including coercive and controlling behaviour, against the mother
  2. 2 Whether specific allegations of physical and sexual abuse by the father are proven
  3. 3 Assessment of credibility of the parties' evidence

Ratio Decidendi

The court found the father's admissions of two incidents of violence (punching and slapping) but did not find a pattern of coercive or controlling behaviour or further physical or sexual abuse as alleged by the mother. The mother's evidence was found less credible, often inconsistent with documentary and independent evidence, and the father's account was generally preferred. The specific allegations of controlling behaviour, frequent violence, and sexual assault were not proven on the balance of probabilities. The findings will inform future decisions on child arrangements.

Court Disposition

Most of the mother's allegations of domestic abuse, coercive and controlling behaviour, and sexual assault against the father were not proven. Only the father's admitted incidents of violence were found proven.

Orders

  • Findings of fact as set out in the judgment; further directions for welfare hearing to determine future child arrangements.