FJ v MH (no 1) (private law - fact finding) [2025] EWFC 282 (10 March 2025)

FJ v MH (no 1) (private law - fact finding) [2025] EWFC 282 (10 March 2025)

The court found, on the balance of probabilities, that the mother and children were subjected to a pattern of domestic abuse by the father, including physical, emotional, and coercive control. The allegations of risk of FGM and abduction made by the father were not substantiated by credible evidence. The father's applications for FGM protection and prohibited steps orders were not justified and were found to be part of a pattern of controlling behaviour. The mother's evidence was preferred as credible and consistent, while the father's evidence was found to be unreliable, speculative, and at times fabricated to embarrass the mother.

Citation
[2025] EWFC 282
Parties
Applicant Father: FJ; Respondent Mother: MH
Jurisdiction
England and Wales
Judgment Date
10 March 2025
Procedural Posture
Private Law Children and Protective Orders / Fact Finding Hearing
Outcome
Mother's allegations of domestic abuse proved; father's allegations of FGM risk and abduction not proved; applications for FGM protection and prohibited steps orders dismissed.
Legal Topics
Domestic Abuse, Child Arrangements, Female Genital Mutilation Protection Orders, Prohibited Steps Orders, Coercive and Controlling Behaviour
Family Law Child Protection Domestic Abuse Child Arrangements Female Genital Mutilation Protection Orders Prohibited Steps Orders Coercive and Controlling Behaviour

Case Brief

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Parties

FJ

Applicant Father

MH

Respondent Mother

Procedural Posture

Private Law Children and Protective Orders / Fact Finding Hearing

Legal Issues

  1. 1 Whether the children are at risk of FGM if allowed to travel to Country B with the mother
  2. 2 Whether the children are at risk of abduction by the mother
  3. 3 Whether the mother and/or children have been subjected to domestic abuse by the father

Ratio Decidendi

The court found, on the balance of probabilities, that the mother and children were subjected to a pattern of domestic abuse by the father, including physical, emotional, and coercive control. The allegations of risk of FGM and abduction made by the father were not substantiated by credible evidence. The father's applications for FGM protection and prohibited steps orders were not justified and were found to be part of a pattern of controlling behaviour. The mother's evidence was preferred as credible and consistent, while the father's evidence was found to be unreliable, speculative, and at times fabricated to embarrass the mother.

Court Disposition

Mother's allegations of domestic abuse proved; father's allegations of FGM risk and abduction not proved; applications for FGM protection and prohibited steps orders dismissed.

Orders

  • Children to remain living with the mother.
  • No FGM protection orders or prohibited steps orders granted against the mother.