A (A child: Wardship: Fact Finding: Domestic Violence) [2015] EWHC 1598 (Fam) (08 May 2015)

A (A child: Wardship: Fact Finding: Domestic Violence) [2015] EWHC 1598 (Fam) (08 May 2015)

The court found, on the balance of probabilities, that the father committed serious acts of domestic violence against the mother, including physical assaults and threats, and engaged in abusive and degrading communication. The court accepted the mother's and child's accounts as credible and consistent, and rejected the father's denials as lacking credibility. The court concluded that violence was a feature of the marriage and that the father's conduct had a significant negative impact on the welfare of the child and the mother. The findings directly inform the approach to contact and future arrangements for the child.

Citation
[2015] EWHC 1598 (Fam)
Parties
Applicant, Father: D; Respondent, Mother: D; Subject Child: A (a child)
Jurisdiction
England and Wales
Judgment Date
08 May 2015
Procedural Posture
Wardship / Family Law Fact Finding / Fact Finding Hearing in Wardship Proceedings
Outcome
Findings of fact made against the father; serious domestic violence and abusive behaviour established.
Legal Topics
Wardship, Domestic Violence, Child Welfare, Contact Orders, Fact Finding, Parental Responsibility
Family Law Child Protection Wardship Domestic Violence Child Welfare Contact Orders Fact Finding Parental Responsibility

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Parties

D

Applicant, Father

D

Respondent, Mother

A (a child)

Subject Child

Procedural Posture

Wardship / Family Law Fact Finding / Fact Finding Hearing in Wardship Proceedings

Legal Issues

  1. 1 Whether the father committed acts of domestic violence against the mother
  2. 2 Whether the father engaged in abusive behaviour towards the child
  3. 3 Whether the mother was tricked into leaving for India

Ratio Decidendi

The court found, on the balance of probabilities, that the father committed serious acts of domestic violence against the mother, including physical assaults and threats, and engaged in abusive and degrading communication. The court accepted the mother's and child's accounts as credible and consistent, and rejected the father's denials as lacking credibility. The court concluded that violence was a feature of the marriage and that the father's conduct had a significant negative impact on the welfare of the child and the mother. The findings directly inform the approach to contact and future arrangements for the child.

Court Disposition

Findings of fact made against the father; serious domestic violence and abusive behaviour established.

Orders

  • No immediate contact order made in favour of the father; future contact to depend on the father's acknowledgment of findings and ability to change.
  • The welfare of the child and safety of the mother to be prioritised in any future arrangements.