F v M (private law fact finding) [2020] EWFC B71 (07 December 2020)

F v M (private law fact finding) [2020] EWFC B71 (07 December 2020)

The court found that the mother had not proved on the balance of probabilities that the father sexually or physically abused N or O. The evidence was insufficient, inconsistent, and not corroborated. The court also found that the mother had not deliberately fabricated allegations to alienate the children, but her conduct and emotional unavailability contributed to the children's negative views of the father. The welfare of the children required that they remain living with the mother in [European country], with a gradual reintroduction of contact with the father under professional supervision and support.

Citation
[2020] EWFC B71
Parties
Applicant/mother: [Mother's Name Redacted]; Respondent/father: [Father's Name Redacted]; Subject Child: N (child); Subject Child: O (child); Subject Child: P (child); Non Subject Child: Q (child); Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
07 December 2020
Procedural Posture
Private Law Children Proceedings (relocation, Child Arrangements, Allegations of Abuse) / Final Hearing and Judgment After Fact Finding
Outcome
Mother's application for permanent relocation granted; allegations of abuse not proved; contact to be reintroduced gradually under supervision.
Legal Topics
Relocation of Children, Child Arrangements Orders, Allegations of Sexual and Physical Abuse, Parental Alienation, Fact Finding Hearings, Welfare of the Child, Contact Arrangements
Family Law Child Law Relocation of Children Child Arrangements Orders Allegations of Sexual and Physical Abuse Parental Alienation Fact Finding Hearings Welfare of the Child +1 more

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Parties

[Mother's Name Redacted]

Applicant/mother

[Father's Name Redacted]

Respondent/father

N (child)

Subject Child

O (child)

Subject Child

P (child)

Subject Child

Q (child)

Non Subject Child

Children's Guardian

Guardian

Procedural Posture

Private Law Children Proceedings (relocation, Child Arrangements, Allegations of Abuse) / Final Hearing and Judgment After Fact Finding

Legal Issues

  1. 1 Whether the father physically and sexually abused children N and O
  2. 2 Whether the mother has alienated the children from the father
  3. 3 Whether the mother should be permitted to permanently relocate with the children to [European country]

Ratio Decidendi

The court found that the mother had not proved on the balance of probabilities that the father sexually or physically abused N or O. The evidence was insufficient, inconsistent, and not corroborated. The court also found that the mother had not deliberately fabricated allegations to alienate the children, but her conduct and emotional unavailability contributed to the children's negative views of the father. The welfare of the children required that they remain living with the mother in [European country], with a gradual reintroduction of contact with the father under professional supervision and support.

Court Disposition

Mother's application for permanent relocation granted; allegations of abuse not proved; contact to be reintroduced gradually under supervision.

Orders

  • Children to remain living with the mother in [European country]
  • Father to have indirect and then supervised direct contact, building up as recommended by professionals