B v A

B v A

The evidence did not support findings of rape or strangulation by the father. The mother's evidence had significant deficits and inconsistencies, and there was no contemporaneous corroboration. The father's behaviour was at times insensitive, controlling, and financially unreasonable, but not malevolent or amounting to criminal abuse. The deterioration in the child's relationship with the father was influenced by parental acrimony rather than proven abuse.

Parties
Claimant: B; Defendant: A
Jurisdiction
England and Wales
Judgment Date
11 July 2022
Procedural Posture
Family Law Child Arrangements and Fact Finding / Judgment After Fact Finding Hearing
Outcome
Most allegations of serious abuse (rape, strangulation, physical abuse) not proved; findings of insensitive, controlling, and unreasonable behaviour by the father; case to proceed to welfare hearing.
Legal Topics
Domestic Abuse, Fact Finding, Child Arrangements, Parental Responsibility, Financial Provision
Family Law Child Law Domestic Abuse Fact Finding Child Arrangements Parental Responsibility Financial Provision

Case Brief

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Parties

B

Claimant

A

Defendant

Procedural Posture

Family Law Child Arrangements and Fact Finding / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father committed rape and sexual assault against the mother
  2. 2 Whether the father engaged in emotional, psychological, economic, and physical abuse of the mother and/or child
  3. 3 Assessment of credibility and reliability of the parties' evidence

Ratio Decidendi

The evidence did not support findings of rape or strangulation by the father. The mother's evidence had significant deficits and inconsistencies, and there was no contemporaneous corroboration. The father's behaviour was at times insensitive, controlling, and financially unreasonable, but not malevolent or amounting to criminal abuse. The deterioration in the child's relationship with the father was influenced by parental acrimony rather than proven abuse.

Court Disposition

Most allegations of serious abuse (rape, strangulation, physical abuse) not proved; findings of insensitive, controlling, and unreasonable behaviour by the father; case to proceed to welfare hearing.

Orders

  • Cafcass to prepare a report on the child's welfare and parental contact.
  • Parties to agree directions for a final welfare hearing.