B and C (Children) (Cross allegations of harmful behaviour by parents), Re [2023] EWFC 272 (B) (13 November 2023)

B and C (Children) (Cross allegations of harmful behaviour by parents), Re [2023] EWFC 272 (B) (13 November 2023)

The court found, on the balance of probabilities and based on video and other evidence, that the mother had physically assaulted D on multiple occasions and had not accepted or understood the harm caused. The court rejected the mother's allegations of controlling, abusive, or sexually abusive behaviour by the father, finding her evidence inconsistent and unsupported. The welfare of D required that she remain in the care of her father, with supervised contact for the mother. The non-molestation and prohibited steps orders were discharged as no longer justified. No section 91(14) order was made, but future applications were reserved to the same judge for five years.

Citation
[2023] EWFC 272 (B)
Parties
Applicant Father: B; Respondent Mother: C
Jurisdiction
England and Wales
Judgment Date
13 November 2023
Procedural Posture
Private Law Children Proceedings (section 8 Children Act 1989) / Contested Final Hearing
Outcome
Child D to remain in the care of her father; supervised contact for the mother; non-molestation and prohibited steps orders discharged; no section 91(14) order made; future applications reserved to the same judge for five years.
Legal Topics
Child Arrangements, Parental Responsibility, Allegations of Harm, Section 8 Children Act 1989, Welfare of the Child, Supervised Contact, Non Molestation Order, Prohibited Steps Order
Family Law Child Arrangements Parental Responsibility Allegations of Harm Section 8 Children Act 1989 Welfare of the Child Supervised Contact Non Molestation Order +1 more

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Parties

B

Applicant Father

C

Respondent Mother

Procedural Posture

Private Law Children Proceedings (section 8 Children Act 1989) / Contested Final Hearing

Legal Issues

  1. 1 Whether the mother physically abused the child D
  2. 2 Whether the father engaged in controlling, abusive, or sexually abusive behaviour towards the mother
  3. 3 Appropriate child arrangements order in the welfare interests of D

Ratio Decidendi

The court found, on the balance of probabilities and based on video and other evidence, that the mother had physically assaulted D on multiple occasions and had not accepted or understood the harm caused. The court rejected the mother's allegations of controlling, abusive, or sexually abusive behaviour by the father, finding her evidence inconsistent and unsupported. The welfare of D required that she remain in the care of her father, with supervised contact for the mother. The non-molestation and prohibited steps orders were discharged as no longer justified. No section 91(14) order was made, but future applications were reserved to the same judge for five years.

Court Disposition

Child D to remain in the care of her father; supervised contact for the mother; non-molestation and prohibited steps orders discharged; no section 91(14) order made; future applications reserved to the same judge for five years.

Orders

  • Child arrangements order: D to live with her father.
  • Mother to have supervised contact with D at a frequency greater than monthly, with details to be agreed or determined by the court.