BY v BX

BY v BX

The father perpetrated a pattern of coercive and controlling behaviour against the mother, including emotional, financial, and sexual abuse, exploiting her vulnerability and causing her significant psychological harm. The mother was also verbally and physically abusive towards the father when intoxicated, but the father's conduct constituted domestic abuse within the meaning of PD12J FPR 2010 and had a significant impact on the welfare of both the mother and the child.

Parties
Applicant (father): BY; Respondent (mother): BX
Jurisdiction
England and Wales
Judgment Date
20 January 2022
Procedural Posture
Children Act 1989 Private Law Proceedings (fact Finding) / Fact Finding Judgment After Remittal From Court of Appeal
Outcome
Findings of fact made: father perpetrated domestic abuse against mother; mother also abusive towards father but to a lesser degree; further submissions and evidence required for welfare orders.
Legal Topics
Domestic Abuse, Fact Finding Hearings, Coercive and Controlling Behaviour, Contact and Residence, Parental Responsibility
Family Law Child Law Domestic Abuse Fact Finding Hearings Coercive and Controlling Behaviour Contact and Residence Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

BY

Applicant (father)

BX

Respondent (mother)

Procedural Posture

Children Act 1989 Private Law Proceedings (fact Finding) / Fact Finding Judgment After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether the father perpetrated domestic abuse (including emotional, physical, financial, and sexual abuse) against the mother
  2. 2 Whether the mother perpetrated domestic abuse against the father
  3. 3 Assessment of credibility of parties and witnesses

Ratio Decidendi

The father perpetrated a pattern of coercive and controlling behaviour against the mother, including emotional, financial, and sexual abuse, exploiting her vulnerability and causing her significant psychological harm. The mother was also verbally and physically abusive towards the father when intoxicated, but the father's conduct constituted domestic abuse within the meaning of PD12J FPR 2010 and had a significant impact on the welfare of both the mother and the child.

Court Disposition

Findings of fact made: father perpetrated domestic abuse against mother; mother also abusive towards father but to a lesser degree; further submissions and evidence required for welfare orders.