AS, BS & CS (Children) (Finding of Fact and Non-Molestation Order dismissed), Re

AS, BS & CS (Children) (Finding of Fact and Non-Molestation Order dismissed), Re

The court found that the Father committed three instances of physical abuse, one instance of rape, made threats to kill himself and the family, and used verbal abuse. However, the court did not find that the Father’s behaviour amounted to a pattern of controlling and coercive behaviour to the extent alleged by the Mother. The specific incidents in August and September 2023 did not amount to molestation or harassment warranting a non-molestation order. The Mother does not require ongoing protection by way of a non-molestation order.

Parties
Applicant Father: PQ; Respondent Mother: RS
Jurisdiction
England and Wales
Judgment Date
27 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
Non Molestation Orders, Domestic Abuse, Children Act Proceedings, Finding of Fact, Controlling and Coercive Behaviour
Family Law Non Molestation Orders Domestic Abuse Children Act Proceedings Finding of Fact Controlling and Coercive Behaviour

Case Brief

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

Ratio Decidendi

The court found that the Father committed three instances of physical abuse, one instance of rape, made threats to kill himself and the family, and used verbal abuse. However, the court did not find that the Father’s behaviour amounted to a pattern of controlling and coercive behaviour to the extent alleged by the Mother. The specific incidents in August and September 2023 did not amount to molestation or harassment warranting a non-molestation order. The Mother does not require ongoing protection by way of a non-molestation order.

Court Disposition

Non-molestation order application dismissed; interim order discharged

Orders

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