B, Re [2022] EWFC 173 (B) (22 December 2022)

B, Re [2022] EWFC 173 (B) (22 December 2022)

The court found, on the balance of probabilities, that the father engaged in a pattern of coercive and controlling behaviour and emotional abuse towards the mother, including threats of self-harm and intimidation. While inconsistencies existed in the mother's accounts, they did not undermine the core truth of her allegations. The court found the father’s denials unconvincing and supported the mother’s case with reference to independent evidence of the father’s aggressive and emotionally unstable conduct. The court made findings of domestic abuse relevant to future welfare decisions for the child.

Citation
[2022] EWFC 173 (B)
Parties
Applicant/father: L; Respondent/mother: J
Jurisdiction
England and Wales
Judgment Date
22 December 2022
Procedural Posture
Family Law Fact Finding Hearing (children Act 1989) / Judgment After Fact Finding Hearing
Outcome
Findings of fact made in favour of the mother; allegations of domestic abuse and coercive control proved on the balance of probabilities.
Legal Topics
Domestic Abuse, Fact Finding Hearing, Child Arrangements Order, Prohibited Steps Order, Coercive and Controlling Behaviour, Credibility Assessment
Family Law Child Law Domestic Abuse Fact Finding Hearing Child Arrangements Order Prohibited Steps Order Coercive and Controlling Behaviour Credibility Assessment

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Parties

L

Applicant/father

J

Respondent/mother

Procedural Posture

Family Law Fact Finding Hearing (children Act 1989) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father perpetrated domestic abuse against the mother and child as alleged
  2. 2 Whether the mother's allegations are proved on the balance of probabilities
  3. 3 Assessment of credibility and reliability of the parties' evidence

Ratio Decidendi

The court found, on the balance of probabilities, that the father engaged in a pattern of coercive and controlling behaviour and emotional abuse towards the mother, including threats of self-harm and intimidation. While inconsistencies existed in the mother's accounts, they did not undermine the core truth of her allegations. The court found the father’s denials unconvincing and supported the mother’s case with reference to independent evidence of the father’s aggressive and emotionally unstable conduct. The court made findings of domestic abuse relevant to future welfare decisions for the child.

Court Disposition

Findings of fact made in favour of the mother; allegations of domestic abuse and coercive control proved on the balance of probabilities.

Orders

  • Findings of domestic abuse and coercive control recorded for future welfare decisions.
  • No immediate order for contact between father and child; matter to proceed to welfare stage.