L v J

L v J

The mother’s central narrative of escalating domestic abuse by the father is more probable than not, despite inconsistencies in detail, which are explicable by trauma, translation, and the circumstances of evidence-giving. The father’s denials are inherently unlikely given his established volatility, aggression, and emotional instability. The allegations of physical and emotional abuse towards the mother are largely proven; however, allegations of physical abuse towards B and one-sided coercive control are not proven.

Parties
Applicant/father: L; Respondent/mother: J
Jurisdiction
England and Wales
Judgment Date
22 December 2022
Procedural Posture
Family Law Child Arrangements and Domestic Abuse / Fact Finding Judgment
Outcome
Allegations of domestic abuse against the mother largely proven; allegations of physical abuse against B and one-sided coercive control not proven; case to proceed to risk assessment by CAFCASS.
Legal Topics
Fact Finding Hearing, Domestic Abuse, Child Arrangements Order, Prohibited Steps Order, Coercive Control, Emotional Abuse, Credibility Assessment
Family Law Child Law Domestic Violence Fact Finding Hearing Domestic Abuse Child Arrangements Order Prohibited Steps Order Coercive Control +2 more

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Parties

L

Applicant/father

J

Respondent/mother

Procedural Posture

Family Law Child Arrangements and Domestic Abuse / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father committed acts of domestic abuse against the mother as alleged
  2. 2 Whether the father committed acts of physical abuse against the child B
  3. 3 Whether the relationship was characterised by coercive and controlling behaviour

Ratio Decidendi

The mother’s central narrative of escalating domestic abuse by the father is more probable than not, despite inconsistencies in detail, which are explicable by trauma, translation, and the circumstances of evidence-giving. The father’s denials are inherently unlikely given his established volatility, aggression, and emotional instability. The allegations of physical and emotional abuse towards the mother are largely proven; however, allegations of physical abuse towards B and one-sided coercive control are not proven.

Court Disposition

Allegations of domestic abuse against the mother largely proven; allegations of physical abuse against B and one-sided coercive control not proven; case to proceed to risk assessment by CAFCASS.

Orders

  • CAFCASS to conduct risk assessment based on established factual matrix.