A, Re (Finding of Fact Hearing) [2022] EWFC 94 (03 August 2022)

A, Re (Finding of Fact Hearing) [2022] EWFC 94 (03 August 2022)

The court found, on the balance of probabilities and based on the evidence (including undisputed abusive messages and calls), that the father engaged in a pattern of coercive, abusive, offensive, and threatening behaviour towards the mother, constituting domestic abuse and harassment. The behaviour caused the mother distress and posed a risk to the child. The father's justifications were rejected, and his lack of insight and empathy was noted as an ongoing risk.

Citation
[2022] EWFC 94
Parties
Applicant/mother: B; Respondent/father: C; Child: A (via Children's Guardian Nazin Haq)
Jurisdiction
England and Wales
Judgment Date
03 August 2022
Procedural Posture
Children Act 1989 Child Arrangements/fact Finding / Finding of Fact Hearing
Outcome
Findings of domestic abuse, harassment, and coercive behaviour by the father against the mother. Allegations 1, 2, 3, and parts of 4 proven; other parts of 4 not proven.
Legal Topics
Domestic Abuse, Child Arrangements, Coercive Control, Harassment, Parental Responsibility
Family Law Child Law Domestic Abuse Child Arrangements Coercive Control Harassment Parental Responsibility

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Parties

B

Applicant/mother

C

Respondent/father

A (via Children's Guardian Nazin Haq)

Child

Procedural Posture

Children Act 1989 Child Arrangements/fact Finding / Finding of Fact Hearing

Legal Issues

  1. 1 Whether the father engaged in domestic abuse, harassment, and coercive or controlling behaviour towards the mother, impacting the welfare of the child.

Ratio Decidendi

The court found, on the balance of probabilities and based on the evidence (including undisputed abusive messages and calls), that the father engaged in a pattern of coercive, abusive, offensive, and threatening behaviour towards the mother, constituting domestic abuse and harassment. The behaviour caused the mother distress and posed a risk to the child. The father's justifications were rejected, and his lack of insight and empathy was noted as an ongoing risk.

Court Disposition

Findings of domestic abuse, harassment, and coercive behaviour by the father against the mother. Allegations 1, 2, 3, and parts of 4 proven; other parts of 4 not proven.

Orders

  • Order confirming findings to be issued.
  • Directions for future consideration of welfare issues to follow.