A,B and C (Fact Find: Allegations of Coercive and Controlling Behaviour) (Rev2) [2021] EWFC B103 (01 October 2021)

A,B and C (Fact Find: Allegations of Coercive and Controlling Behaviour) (Rev2) [2021] EWFC B103 (01 October 2021)

On the balance of probabilities, the father engaged in a persistent pattern of coercive, controlling, manipulative, and abusive behaviour towards the mother, including harassment, threats, and misuse of legal proceedings, both during and after the relationship, with negative impact on the mother and children. The father's denials were not credible, and the mother's evidence was consistent and reliable. The court found the father's conduct included breaches of court and non-molestation orders, and that he used proceedings and contact arrangements to further control and distress the mother.

Citation
[2021] EWFC B103
Parties
Applicant/father: [Person A]; Respondent/mother: [Person B]
Jurisdiction
England and Wales
Judgment Date
01 October 2021
Procedural Posture
Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment Following Three Day Hearing
Outcome
Findings of fact made against the father; allegations of coercive and controlling behaviour, harassment, and breaches of orders proved on the balance of probabilities.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Harassment, Child Arrangements, Non Molestation Orders, Fact Finding Hearings
Family Law Child Law Domestic Abuse Coercive and Controlling Behaviour Harassment Child Arrangements Non Molestation Orders Fact Finding Hearings

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Parties

[Person A]

Applicant/father

[Person B]

Respondent/mother

Procedural Posture

Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment Following Three Day Hearing

Legal Issues

  1. 1 Whether the father engaged in coercive and controlling behaviour towards the mother during and after the relationship
  2. 2 Whether the father harassed the mother and used proceedings to further control and abuse
  3. 3 Whether the father was verbally abusive and threatening in the presence of the children

Ratio Decidendi

On the balance of probabilities, the father engaged in a persistent pattern of coercive, controlling, manipulative, and abusive behaviour towards the mother, including harassment, threats, and misuse of legal proceedings, both during and after the relationship, with negative impact on the mother and children. The father's denials were not credible, and the mother's evidence was consistent and reliable. The court found the father's conduct included breaches of court and non-molestation orders, and that he used proceedings and contact arrangements to further control and distress the mother.

Court Disposition

Findings of fact made against the father; allegations of coercive and controlling behaviour, harassment, and breaches of orders proved on the balance of probabilities.

Orders

  • Findings to inform future welfare decisions regarding child arrangements and contact.
  • Anonymity of children and family members to be strictly preserved in any publication of the judgment.