M v E [2026] EWFC 108 (B) (05 March 2026)

M v E [2026] EWFC 108 (B) (05 March 2026)

On the balance of probabilities, the court finds the mother's allegations 5 and 8 proven, allegations 1 and 7 part proven, and allegations 2, 3, 4, and 6 not proven. The court finds both parties have engaged in some inappropriate behaviour, with the father minimising his actions and the children having normalised domestic abuse. The credibility of both parties is in question, but the court accepts some of the mother's evidence as honest, particularly regarding certain injuries. The findings will inform future welfare decisions for the children.

Citation
[2026] EWFC 108 (B)
Parties
Applicant/mother: Ms M; Respondent/father: Mr E
Jurisdiction
England and Wales
Judgment Date
05 March 2026
Procedural Posture
Children Act Proceedings (fact Finding Hearing) / Post Fact Finding Judgment
Outcome
Mother's allegations 5 and 8 proven, 1 and 7 part proven; others not proven. Findings to inform welfare decisions. Non-molestation and prohibited steps orders remain in force.
Legal Topics
Domestic Abuse, Fact Finding Hearing, Child Arrangements, Non Molestation Order, Prohibited Steps Order, Specific Issue Order
Family Law Child Protection Domestic Abuse Fact Finding Hearing Child Arrangements Non Molestation Order Prohibited Steps Order Specific Issue Order

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Parties

Ms M

Applicant/mother

Mr E

Respondent/father

Procedural Posture

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

Legal Issues

  1. 1 Whether the father perpetrated domestic abuse against the mother and/or children
  2. 2 Whether the mother's allegations are proven on the balance of probabilities
  3. 3 Assessment of credibility and reliability of witnesses

Ratio Decidendi

On the balance of probabilities, the court finds the mother's allegations 5 and 8 proven, allegations 1 and 7 part proven, and allegations 2, 3, 4, and 6 not proven. The court finds both parties have engaged in some inappropriate behaviour, with the father minimising his actions and the children having normalised domestic abuse. The credibility of both parties is in question, but the court accepts some of the mother's evidence as honest, particularly regarding certain injuries. The findings will inform future welfare decisions for the children.

Court Disposition

Mother's allegations 5 and 8 proven, 1 and 7 part proven; others not proven. Findings to inform welfare decisions. Non-molestation and prohibited steps orders remain in force.

Orders

  • Non-molestation order extended until 5 March 2026
  • Prohibited steps order remains in force