L (a boy born November 2022) (fact-finding hearing), Re

L (a boy born November 2022) (fact-finding hearing), Re

The court found, on the balance of probabilities, that the father perpetrated coercive and controlling behaviour towards the mother throughout the relationship, including physical violence and threats, particularly in July 2023. The evidence, including audio recordings and witness testimony, supported M's account. The father's denials were not credible, and his behaviour was found to be abusive and controlling. The mother's alleged emotional abuse towards the father was not proven. The findings have direct implications for child arrangements and the welfare of the child.

Parties
Applicant, Father: DAL; Respondent, Mother: DAD
Jurisdiction
England and Wales
Judgment Date
20 November 2024
Procedural Posture
Children Act 1989 Proceedings (child Arrangements, Prohibited Steps, Specific Issue) / Fact Finding Hearing
Outcome
Findings of fact made: father perpetrated coercive and controlling behaviour and physical abuse; mother's emotional abuse not proven.
Legal Topics
Coercive and Controlling Behaviour, Domestic Abuse, Child Arrangements, Fact Finding, Emotional Abuse, Welfare of the Child
Family Law Child Law Coercive and Controlling Behaviour Domestic Abuse Child Arrangements Fact Finding Emotional Abuse Welfare of the Child

Case Brief

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Parties

DAL

Applicant, Father

DAD

Respondent, Mother

Procedural Posture

Children Act 1989 Proceedings (child Arrangements, Prohibited Steps, Specific Issue) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the father (F) perpetrated coercive and controlling behaviour towards the mother (M)
  2. 2 Whether the father committed specific acts of physical and emotional abuse against the mother
  3. 3 Whether the mother perpetrated emotional abuse towards the father

Ratio Decidendi

The court found, on the balance of probabilities, that the father perpetrated coercive and controlling behaviour towards the mother throughout the relationship, including physical violence and threats, particularly in July 2023. The evidence, including audio recordings and witness testimony, supported M's account. The father's denials were not credible, and his behaviour was found to be abusive and controlling. The mother's alleged emotional abuse towards the father was not proven. The findings have direct implications for child arrangements and the welfare of the child.

Court Disposition

Findings of fact made: father perpetrated coercive and controlling behaviour and physical abuse; mother's emotional abuse not proven.

Orders

  • Cafcass to prepare a section 7 report on child welfare and parental ability to co-parent.
  • Mother to provide statement in support of relocation by 3 April; father to respond by 24 April.