TQC (Domestic Abuse: Findings), Re

TQC (Domestic Abuse: Findings), Re

The Court found, on the balance of probabilities and after holistic consideration of all evidence, that the father sexually, physically, and emotionally abused the mother, physically and emotionally abused the subject children, emotionally abused the older non-subject children, and engaged in a pattern of coercive and controlling behaviour. The mother’s evidence was consistent, compelling, and corroborated by other evidence, while the father’s denials were evasive, inconsistent, and unsupported. The findings provide the factual matrix for future welfare determinations.

Parties
Applicant: A Father; 1st Respondent: A Mother; 2nd, 3rd and 4th Respondents: The Children ‘T’, ‘Q’ and ‘C’ through their Rule 16.4 Guardian
Jurisdiction
England and Wales
Judgment Date
10 October 2024
Procedural Posture
Child Arrangements / Family Law (fact Finding) / Fact Finding Hearing; Findings Delivered, Matter Listed for Dispute Resolution Appointment
Outcome
Findings of fact made against the father; all core allegations of abuse proved.
Legal Topics
Child Arrangements Order, Domestic Abuse, Fact Finding Hearing, Non Molestation Order, Occupation Order, Coercive and Controlling Behaviour, Physical Abuse, Sexual Abuse, Emotional Abuse
Family Law Child Law Domestic Violence Child Arrangements Order Domestic Abuse Fact Finding Hearing Non Molestation Order Occupation Order +4 more

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Parties

A Father

Applicant

A Mother

1st Respondent

The Children ‘T’, ‘Q’ and ‘C’ through their Rule 16.4 Guardian

2nd, 3rd and 4th Respondents

Procedural Posture

Child Arrangements / Family Law (fact Finding) / Fact Finding Hearing; Findings Delivered, Matter Listed for Dispute Resolution Appointment

Legal Issues

  1. 1 Whether the father perpetrated sexual, physical, and emotional abuse against the mother and children
  2. 2 Whether the father engaged in coercive and controlling behaviour
  3. 3 Whether the father physically and emotionally abused the subject and non-subject children

Ratio Decidendi

The Court found, on the balance of probabilities and after holistic consideration of all evidence, that the father sexually, physically, and emotionally abused the mother, physically and emotionally abused the subject children, emotionally abused the older non-subject children, and engaged in a pattern of coercive and controlling behaviour. The mother’s evidence was consistent, compelling, and corroborated by other evidence, while the father’s denials were evasive, inconsistent, and unsupported. The findings provide the factual matrix for future welfare determinations.

Court Disposition

Findings of fact made against the father; all core allegations of abuse proved.

Orders

  • Matter listed for Dispute Resolution Appointment to consider welfare determinations for the children.
  • Any application for costs to be considered at the next hearing; parties to file statements of costs if seeking costs.