S (findings of fact), Re [2013] EWHC 15 (Fam) (14 January 2013)

S (findings of fact), Re [2013] EWHC 15 (Fam) (14 January 2013)

The court must determine the truth of the mother's allegations against the father and grandparents on the balance of probabilities, considering the credibility of the parties, the evidence presented, and the context of honour-based family systems. The mother's credibility is undermined by proven lies regarding her relationship with Mr B, but the court must compartmentalise these and assess whether her core allegations are independently supported. The court finds that while some allegations are not proved, there is evidence supporting certain claims of abuse and risk, particularly in the context of honour-based violence, affecting the outcome on contact and protective orders.

Citation
[2013] EWHC 15 (Fam)
Parties
Applicant (father): AH; 1st Respondent (mother): RS; 2nd 4th Respondents: L, H and S (Children, by their Children's Guardian); Interveners: MS and AS (Maternal Grandparents)
Jurisdiction
England and Wales
Judgment Date
14 January 2013
Procedural Posture
Family Law Children Act Proceedings / Fact Finding Hearing
Outcome
Some of the mother's allegations are found proved; others are not. The court finds a risk of harm to the mother and children from the wider family. Contact between the father and children is not immediately restored. Protective orders remain in place.
Legal Topics
Contact Orders, Domestic Violence, Honour Based Violence, Fact Finding, Parental Responsibility, Non Molestation Orders
Family Law Child Law Contact Orders Domestic Violence Honour Based Violence Fact Finding Parental Responsibility Non Molestation Orders

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Parties

AH

Applicant (father)

RS

1st Respondent (mother)

L, H and S (Children, by their Children's Guardian)

2nd 4th Respondents

MS and AS (Maternal Grandparents)

Interveners

Procedural Posture

Family Law Children Act Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother's allegations of violence, forced marriage, and abuse by the father and grandparents are proved on the balance of probabilities
  2. 2 Whether the father should have contact with the children
  3. 3 Whether there is a risk of honour-based violence to the mother and children

Ratio Decidendi

The court must determine the truth of the mother's allegations against the father and grandparents on the balance of probabilities, considering the credibility of the parties, the evidence presented, and the context of honour-based family systems. The mother's credibility is undermined by proven lies regarding her relationship with Mr B, but the court must compartmentalise these and assess whether her core allegations are independently supported. The court finds that while some allegations are not proved, there is evidence supporting certain claims of abuse and risk, particularly in the context of honour-based violence, affecting the outcome on contact and protective orders.

Court Disposition

Some of the mother's allegations are found proved; others are not. The court finds a risk of harm to the mother and children from the wider family. Contact between the father and children is not immediately restored. Protective orders remain in place.

Orders

  • No immediate direct contact between father and children
  • Protective orders (non-molestation, prohibited steps) to remain in force