H, In the Matter Of (No. 1) [2023] EWFC 230 (B) (11 August 2023)

H, In the Matter Of (No. 1) [2023] EWFC 230 (B) (11 August 2023)

The court found, on the balance of probabilities, that the father engaged in a pattern of verbal and threatening abuse, intimidation, aggression, and behaviour impacted by excessive alcohol consumption towards the mother between 2014 and 2019, including specific incidents of attempted and actual non-consensual sexual intercourse. The findings are based on consistent oral and documentary evidence, corroborated by text messages and police records, and the father's denials were not credible.

Citation
[2023] EWFC 230 (B)
Parties
Applicant Father: N; Respondent Mother: K
Jurisdiction
England and Wales
Judgment Date
11 August 2023
Procedural Posture
Child Arrangements and Parental Responsibility (children Act 1989) / Fact Finding Hearing
Outcome
Findings of domestic abuse made against the father; live with order made in favour of mother; further directions for section 7 report and hair strand testing; indirect contact to continue via gifts and photos through solicitors.
Legal Topics
Domestic Abuse, Child Arrangements, Parental Responsibility, Fact Finding, Coercive Control
Family Law Domestic Abuse Child Arrangements Parental Responsibility Fact Finding Coercive Control

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Parties

N

Applicant Father

K

Respondent Mother

Procedural Posture

Child Arrangements and Parental Responsibility (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the father perpetrated domestic abuse against the mother between 2014 and 2019
  2. 2 Whether specific allegations of rape, attempted rape, and aggressive behaviour are proven on the balance of probabilities
  3. 3 Implications of findings for child arrangements and parental responsibility

Ratio Decidendi

The court found, on the balance of probabilities, that the father engaged in a pattern of verbal and threatening abuse, intimidation, aggression, and behaviour impacted by excessive alcohol consumption towards the mother between 2014 and 2019, including specific incidents of attempted and actual non-consensual sexual intercourse. The findings are based on consistent oral and documentary evidence, corroborated by text messages and police records, and the father's denials were not credible.

Court Disposition

Findings of domestic abuse made against the father; live with order made in favour of mother; further directions for section 7 report and hair strand testing; indirect contact to continue via gifts and photos through solicitors.

Orders

  • Findings of fact on domestic abuse allegations as set out in judgment
  • Live with order in favour of mother