AS, BS & CS (Children) (Finding of Fact and Non-Molestation Order dismissed), Re [2024] EWFC 349 (B) (11 November 2024)

AS, BS & CS (Children) (Finding of Fact and Non-Molestation Order dismissed), Re [2024] EWFC 349 (B) (11 November 2024)

The Court found that the Father committed specific acts of physical abuse (three incidents of slapping/hitting), raped the Mother on one occasion, made threats to kill himself and the family (emotional abuse), and used verbal insults. However, the Court did not find a pervasive pattern of controlling and coercive behaviour as alleged by the Mother, noting her independence and lack of corroborative evidence for some claims. The incidents cited for the non-molestation order (August and September 2023) were not found to be acts of molestation or harassment. The Mother does not require ongoing protection via a non-molestation order.

Citation
[2024] EWFC 349 (B)
Parties
Applicant Father: PQ; Respondent Mother: RS
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Private Law Children Proceedings and Non Molestation Order Application / Finding of Fact Hearing and Final Hearing on Non Molestation Order
Outcome
Non-molestation order application dismissed; interim order discharged.
Legal Topics
Domestic Abuse, Non Molestation Order, Children Act Proceedings, Finding of Fact, Controlling and Coercive Behaviour, Physical Abuse, Sexual Abuse, Emotional Abuse
Family Law Domestic Abuse Non Molestation Order Children Act Proceedings Finding of Fact Controlling and Coercive Behaviour Physical Abuse Sexual Abuse +1 more

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Parties

PQ

Applicant Father

RS

Respondent Mother

Procedural Posture

Private Law Children Proceedings and Non Molestation Order Application / Finding of Fact Hearing and Final Hearing on Non Molestation Order

Legal Issues

  1. 1 Whether the Father engaged in controlling and coercive behaviour towards the Mother
  2. 2 Whether the Father committed physical, sexual, and emotional abuse against the Mother
  3. 3 Whether the Mother requires a non-molestation order for protection

Ratio Decidendi

The Court found that the Father committed specific acts of physical abuse (three incidents of slapping/hitting), raped the Mother on one occasion, made threats to kill himself and the family (emotional abuse), and used verbal insults. However, the Court did not find a pervasive pattern of controlling and coercive behaviour as alleged by the Mother, noting her independence and lack of corroborative evidence for some claims. The incidents cited for the non-molestation order (August and September 2023) were not found to be acts of molestation or harassment. The Mother does not require ongoing protection via a non-molestation order.

Court Disposition

Non-molestation order application dismissed; interim order discharged.

Orders

  • Non-molestation order discharged immediately following the hearing.
  • Any further concerns to be managed through Children Act proceedings.