A (A Child) (Finding of Fact Hearing), Re

A (A Child) (Finding of Fact Hearing), Re

The father committed domestic abuse against the mother through a sustained pattern of coercive, abusive, offensive, and threatening behaviour, including psychological and emotional abuse, as evidenced by the volume and content of messages and calls. The conduct meets the legal definitions of harassment and coercive control, causing distress and risk to the mother and child.

Parties
Applicant/mother: B; Respondent/father: C; Child: A
Jurisdiction
England and Wales
Judgment Date
03 August 2022
Procedural Posture
Child Arrangements Order (children Act 1989) / Judgment Following Finding of Fact Hearing
Outcome
Findings of domestic abuse, harassment, and coercive behaviour against the father proven.
Legal Topics
Domestic Abuse, Child Arrangements, Coercive Control, Harassment
Family Law Child Law Domestic Abuse Child Arrangements Coercive Control Harassment

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Parties

B

Applicant/mother

C

Respondent/father

A

Child

Procedural Posture

Child Arrangements Order (children Act 1989) / Judgment Following Finding of Fact Hearing

Legal Issues

  1. 1 Whether the father committed domestic abuse against the mother
  2. 2 Whether the child was exposed to domestic abuse
  3. 3 Whether the father's conduct constituted harassment, coercive or controlling behaviour

Ratio Decidendi

The father committed domestic abuse against the mother through a sustained pattern of coercive, abusive, offensive, and threatening behaviour, including psychological and emotional abuse, as evidenced by the volume and content of messages and calls. The conduct meets the legal definitions of harassment and coercive control, causing distress and risk to the mother and child.

Court Disposition

Findings of domestic abuse, harassment, and coercive behaviour against the father proven.

Orders

  • Order confirming outcome and directions for future consideration of welfare issues to follow.