AC v JD [2025] EWFC 318 (B) (19 September 2025)

AC v JD [2025] EWFC 318 (B) (19 September 2025)

The court found, on the balance of probabilities, that the Father perpetrated serious acts of domestic abuse against the Mother, including non-fatal strangulation during sex without consent and rape involving restraints and blindfolds when the Mother made clear she was not comfortable and asked him to stop. The court also found the Father engaged in physical violence (punching doors, throwing objects) and intimidating behaviour. The court did not find the allegation of reproductive coercion proven. The findings were based on the Mother's credible, detailed, and consistent evidence, corroborated by contemporaneous messages and the Father's partial admissions and minimisation. The findings...

Citation
[2025] EWFC 318 (B)
Parties
Applicant/father: AC; Respondent/mother: JD
Jurisdiction
England and Wales
Judgment Date
19 September 2025
Procedural Posture
Family Law Children Act and Family Law Act Proceedings / Fact Finding Hearing
Outcome
Findings of fact made against the Father; allegations of sexual abuse (strangulation, rape), physical violence, and intimidation proven on the balance of probabilities; reproductive coercion not proven.
Legal Topics
Fact Finding Hearings, Domestic Abuse (including Coercive Control and Sexual Abuse), Child Arrangements Orders, Non Molestation Orders, Evidential Standards in Family Proceedings
Family Law Child Arrangements Domestic Abuse Fact Finding Hearings Domestic Abuse (including Coercive Control and Sexual Abuse) Child Arrangements Orders Non Molestation Orders Evidential Standards in Family Proceedings

Case Brief

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Parties

AC

Applicant/father

JD

Respondent/mother

Procedural Posture

Family Law Children Act and Family Law Act Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether the Father perpetrated acts of domestic abuse (including sexual abuse, coercive control, physical violence) against the Mother and/or children
  2. 2 Whether the Mother's allegations are proven on the balance of probabilities
  3. 3 Whether findings should be made to inform future child arrangements

Ratio Decidendi

The court found, on the balance of probabilities, that the Father perpetrated serious acts of domestic abuse against the Mother, including non-fatal strangulation during sex without consent and rape involving restraints and blindfolds when the Mother made clear she was not comfortable and asked him to stop. The court also found the Father engaged in physical violence (punching doors, throwing objects) and intimidating behaviour. The court did not find the allegation of reproductive coercion proven. The findings were based on the Mother's credible, detailed, and consistent evidence, corroborated by contemporaneous messages and the Father's partial admissions and minimisation. The findings...

Court Disposition

Findings of fact made against the Father; allegations of sexual abuse (strangulation, rape), physical violence, and intimidation proven on the balance of probabilities; reproductive coercion not proven.

Orders

  • Findings to inform future child arrangements and welfare decisions
  • Continuation of non-molestation order until 16 October 2025