RA v MA (Fact Finding) [2022] EWFC B14 (10 February 2022)

RA v MA (Fact Finding) [2022] EWFC B14 (10 February 2022)

Physical abuse proven for incidents in 2008 (slap causing injury) and 2010 (push causing fracture); emotional abuse likely accompanied physical abuse during 2008-2012; sexual abuse, financial abuse, controlling/coercive behaviour, and recent physical abuse (2021) not proven; credibility concerns undermine applicant's evidence for later allegations.

Citation
[2022] EWFC B14
Parties
Applicant Mother: RA; Respondent Father: SA; Subject Child: M; Ra’s Daughter From Previous Marriage: W; Ra’s Son From Previous Marriage: X; Ma’s Former Wife: DB; Ma’s Daughter From Previous Marriage: Y; Ma’s Child (deceased) From Previous Marriage: Z
Jurisdiction
England and Wales
Judgment Date
10 February 2022
Procedural Posture
Family Law / Fact Finding Hearing
Outcome
Mixed findings; physical abuse proven for 2008 and 2010; other allegations not proven.
Legal Topics
Domestic Abuse, Fact Finding, Child Welfare, Injunction Proceedings, Children Act 1989, Family Law Act 1996
Family Law Domestic Abuse Fact Finding Child Welfare Injunction Proceedings Children Act 1989 Family Law Act 1996

Case Brief

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Parties

RA

Applicant Mother

SA

Respondent Father

M

Subject Child

W

Ra’s Daughter From Previous Marriage

X

Ra’s Son From Previous Marriage

DB

Ma’s Former Wife

Y

Ma’s Daughter From Previous Marriage

Z

Ma’s Child (deceased) From Previous Marriage

Procedural Posture

Family Law / Fact Finding Hearing

Legal Issues

  1. 1 Whether allegations of sexual abuse, physical abuse, emotional abuse, financial abuse, and controlling/coercive behaviour are proven against SA (respondent father)

Ratio Decidendi

Physical abuse proven for incidents in 2008 (slap causing injury) and 2010 (push causing fracture); emotional abuse likely accompanied physical abuse during 2008-2012; sexual abuse, financial abuse, controlling/coercive behaviour, and recent physical abuse (2021) not proven; credibility concerns undermine applicant's evidence for later allegations.

Court Disposition

Mixed findings; physical abuse proven for 2008 and 2010; other allegations not proven.

Orders

  • Non-molestation order to be discharged.
  • Prohibited steps order to continue pending welfare report.