A (a child) (fact-finding), Re

A (a child) (fact-finding), Re

The court found the evidence did not support findings of controlling or coercive behaviour, sexual assault, or suffocation. The father was found to have been verbally abusive and at times oppressive, but not to a degree that would fundamentally restrict his relationship with the child. The mother’s allegations were found to be either exaggerated or unproven on the balance of probabilities.

Parties
Applicant: A Father; Respondent: A Mother
Jurisdiction
England and Wales
Judgment Date
05 March 2024
Procedural Posture
Children Family Law (fact Finding) / Judgment After Fact Finding Hearing
Outcome
Mixed findings; most serious allegations not proven; limited findings of verbal abuse and cannabis use.
Legal Topics
Domestic Abuse, Child Arrangements, Fact Finding, Coercive and Controlling Behaviour, Contact Orders
Family Law Domestic Abuse Child Arrangements Fact Finding Coercive and Controlling Behaviour Contact Orders

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 5 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

A Father

Applicant

A Mother

Respondent

Procedural Posture

Children Family Law (fact Finding) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father engaged in controlling or coercive behaviour towards the mother
  2. 2 Whether the father committed sexual assault (rape) against the mother
  3. 3 Whether the father attempted to suffocate the child

Ratio Decidendi

The court found the evidence did not support findings of controlling or coercive behaviour, sexual assault, or suffocation. The father was found to have been verbally abusive and at times oppressive, but not to a degree that would fundamentally restrict his relationship with the child. The mother’s allegations were found to be either exaggerated or unproven on the balance of probabilities.

Court Disposition

Mixed findings; most serious allegations not proven; limited findings of verbal abuse and cannabis use.

Orders

  • No findings of controlling, coercive, sexual, physical, or financial abuse against the father.
  • Finding that the father was verbally abusive and used cannabis during the relationship.