TQC, Re (Domestic Abuse: Findings) [2024] EWFC 279 (B) (09 October 2024)

TQC, Re (Domestic Abuse: Findings) [2024] EWFC 279 (B) (09 October 2024)

The court found, on the balance of probabilities, that the father perpetrated a sustained pattern of domestic abuse against the mother and the children, including sexual assault, physical violence, emotional abuse, and coercive and controlling behaviour. The evidence of the mother and the older children was consistent, credible, and corroborated by documentary and medical evidence. The father's denials were inconsistent and lacked credibility. The findings establish a factual basis for risk to the welfare of the children and inform future welfare decisions.

Citation
[2024] EWFC 279 (B)
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
09 October 2024
Procedural Posture
Child Arrangements Order (family Law) / Fact Finding Hearing
Outcome
Findings of fact made against the father; allegations of domestic abuse, including sexual, physical, emotional abuse and coercive control, are proved.
Legal Topics
Domestic Abuse, Child Arrangements, Fact Finding, Coercive and Controlling Behaviour, Physical Abuse, Sexual Abuse, Emotional Abuse
Family Law Domestic Abuse Child Arrangements Fact Finding Coercive and Controlling Behaviour Physical Abuse Sexual Abuse Emotional Abuse

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 22 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 Order (family Law) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the father perpetrated domestic abuse against the mother and children, including sexual, physical, emotional abuse and coercive control; Whether the allegations of abuse are substantiated on the balance of probabilities; Whether the father's behaviour poses a risk to the welfare of the children.

Ratio Decidendi

The court found, on the balance of probabilities, that the father perpetrated a sustained pattern of domestic abuse against the mother and the children, including sexual assault, physical violence, emotional abuse, and coercive and controlling behaviour. The evidence of the mother and the older children was consistent, credible, and corroborated by documentary and medical evidence. The father's denials were inconsistent and lacked credibility. The findings establish a factual basis for risk to the welfare of the children and inform future welfare decisions.

Court Disposition

Findings of fact made against the father; allegations of domestic abuse, including sexual, physical, emotional abuse and coercive control, are proved.

Orders

  • Findings to inform future welfare decisions and child arrangements.
  • Case reserved to the same judge for future welfare hearings.