V and W (Children: Finding of Fact), Re [2023] EWFC 233 (23 June 2023)

V and W (Children: Finding of Fact), Re [2023] EWFC 233 (23 June 2023)

The court found, on the balance of probabilities, that the mother perpetrated a pattern of domestic abuse against the father, including physical assaults, verbal abuse, coercive and controlling behaviour, and psychological abuse, some of which occurred in the presence of the children and adversely affected their welfare. The court rejected the mother's denials and found her evidence unreliable in key respects. The findings inform future welfare decisions regarding the children's living and contact arrangements.

Citation
[2023] EWFC 233
Parties
Applicant Father: B; Respondent Mother: A
Jurisdiction
England and Wales
Judgment Date
23 June 2023
Procedural Posture
Children Act Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing
Outcome
Findings of fact made against the mother; allegations of domestic abuse by the father proved on the balance of probabilities.
Legal Topics
Domestic Abuse, Fact Finding Hearing, Child Arrangements, Parental Responsibility, Prohibited Steps Order, Occupation Order
Family Law Child Law Domestic Abuse Fact Finding Hearing Child Arrangements Parental Responsibility Prohibited Steps Order Occupation Order

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Parties

B

Applicant Father

A

Respondent Mother

Procedural Posture

Children Act Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother perpetrated domestic abuse (physical, verbal, coercive, controlling, psychological) against the father and/or children
  2. 2 Whether the father's allegations are proved on the balance of probabilities
  3. 3 Impact of findings on child welfare and future arrangements

Ratio Decidendi

The court found, on the balance of probabilities, that the mother perpetrated a pattern of domestic abuse against the father, including physical assaults, verbal abuse, coercive and controlling behaviour, and psychological abuse, some of which occurred in the presence of the children and adversely affected their welfare. The court rejected the mother's denials and found her evidence unreliable in key respects. The findings inform future welfare decisions regarding the children's living and contact arrangements.

Court Disposition

Findings of fact made against the mother; allegations of domestic abuse by the father proved on the balance of probabilities.

Orders

  • Fact-finding findings to inform welfare decisions regarding child arrangements and any further applications (e.g., Occupation Order, Prohibited Steps Order).