FJ v MH (no 1) (private law – fact finding)

FJ v MH (no 1) (private law – fact finding)

The court found the father's allegations of risk of FGM and abduction were not substantiated by credible evidence and were motivated by a desire to control the mother and children. The mother was found to be a credible witness, and the court made extensive findings of domestic abuse (physical, emotional, sexual, coercive and controlling) by the father against the mother and children. FGM protection orders and prohibited steps orders were not justified and were discharged. The mother was permitted to travel to Country B with the children, subject to undertakings. A non-molestation order was made to protect the mother and children. Interim contact for the father was ordered to be...

Parties
Applicant Father: FJ; Respondent Mother: MH
Jurisdiction
England and Wales
Judgment Date
09 August 2025
Procedural Posture
Private Law Family Proceedings (children Act 1989, Family Law Act 1996, Female Genital Mutilation Act) / Fact Finding Judgment Following Contested Allegations
Outcome
Father's applications for FGM protection orders and prohibited steps orders dismissed; findings of domestic abuse made against father; non-molestation order granted; interim supervised contact ordered; further directions for risk assessment and final orders.
Legal Topics
Fact Finding Hearings, FGM Protection Orders, Prohibited Steps Orders, Child Arrangements Orders, Domestic Abuse (coercive and Controlling Behaviour), International Child Travel, Risk Assessment, Non Molestation Orders
Family Law Child Protection Domestic Abuse Fact Finding Hearings FGM Protection Orders Prohibited Steps Orders Child Arrangements Orders Domestic Abuse (coercive and Controlling Behaviour) +3 more

Case Brief

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Parties

FJ

Applicant Father

MH

Respondent Mother

Procedural Posture

Private Law Family Proceedings (children Act 1989, Family Law Act 1996, Female Genital Mutilation Act) / Fact Finding Judgment Following Contested Allegations

Legal Issues

  1. 1 Whether the children are at risk of FGM if allowed to travel to Country B with their mother
  2. 2 Whether the children are at risk of abduction by their mother to Country B
  3. 3 Whether the father perpetrated domestic abuse (physical, emotional, sexual, coercive and controlling behaviour) against the mother and/or children

Ratio Decidendi

The court found the father's allegations of risk of FGM and abduction were not substantiated by credible evidence and were motivated by a desire to control the mother and children. The mother was found to be a credible witness, and the court made extensive findings of domestic abuse (physical, emotional, sexual, coercive and controlling) by the father against the mother and children. FGM protection orders and prohibited steps orders were not justified and were discharged. The mother was permitted to travel to Country B with the children, subject to undertakings. A non-molestation order was made to protect the mother and children. Interim contact for the father was ordered to be...

Court Disposition

Father's applications for FGM protection orders and prohibited steps orders dismissed; findings of domestic abuse made against father; non-molestation order granted; interim supervised contact ordered; further directions for risk assessment and final orders.

Orders

  • FGM protection orders discharged
  • Prohibited steps orders discharged