A & B (No 1 -Fact finding judgment)

A & B (No 1 -Fact finding judgment)

Most of A's allegations of domestic abuse against B were not established to the required standard; the evidence did not support findings of physical violence, coercion regarding medication, or social isolation. Some findings were made regarding B's conduct during arguments and verbal comments, but these were contextualised within a deteriorating relationship and A's psychological vulnerability. The court emphasised the need for further consideration of welfare issues for the children in the next hearing.

Parties
Applicant: A; 1st Respondent: B; 2nd Respondent: C & D (Through their Children’s Guardian Mrs Lillian Odze)
Jurisdiction
England and Wales
Judgment Date
20 April 2015
Procedural Posture
Parental Order Application (surrogacy) and Fact Finding Hearing / Fact Finding Judgment Prior to Welfare Hearing
Outcome
Fact finding judgment; most allegations not proved to required standard; some findings of verbal conduct contextualised; matter to proceed to welfare hearing.
Legal Topics
Parental Orders, Surrogacy Arrangements, Domestic Abuse Allegations, Child Welfare, Human Fertilisation and Embryology Act 2008, Adoption and Children Act 2002
Family Law Child Law Surrogacy Parental Orders Surrogacy Arrangements Domestic Abuse Allegations Child Welfare Human Fertilisation and Embryology Act 2008 +1 more

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Parties

A

Applicant

B

1st Respondent

C & D (Through their Children’s Guardian Mrs Lillian Odze)

2nd Respondent

Procedural Posture

Parental Order Application (surrogacy) and Fact Finding Hearing / Fact Finding Judgment Prior to Welfare Hearing

Legal Issues

  1. 1 Whether allegations of domestic abuse by A against B are established to the required standard
  2. 2 Whether the requirements of section 54 Human Fertilisation and Embryology Act 2008 for a parental order are met
  3. 3 Impact of parties' relationship and mental health on child welfare

Ratio Decidendi

Most of A's allegations of domestic abuse against B were not established to the required standard; the evidence did not support findings of physical violence, coercion regarding medication, or social isolation. Some findings were made regarding B's conduct during arguments and verbal comments, but these were contextualised within a deteriorating relationship and A's psychological vulnerability. The court emphasised the need for further consideration of welfare issues for the children in the next hearing.

Court Disposition

Fact finding judgment; most allegations not proved to required standard; some findings of verbal conduct contextualised; matter to proceed to welfare hearing.

Orders

  • Parties to agree a schedule of findings consistent with this judgment.
  • Arrangements for interim contact to be agreed.