Z (A Child: Transfer of the Child to Live with the Other Parent) (No. 1) [2022] EWFC 179 (27 July 2022)

Z (A Child: Transfer of the Child to Live with the Other Parent) (No. 1) [2022] EWFC 179 (27 July 2022)

The court found that the mother was not a victim of domestic abuse by the father, the father did not inflict non-accidental injuries on the child, and the mother was responsible for planting bladed items on the child and for obstructing the father's contact. The stabbing incident was staged by the mother. The court accepted the father's evidence and found the mother's evidence unreliable unless corroborated.

Citation
[2022] EWFC 179
Parties
Applicant: A Local Authority; First Respondent: Z; Second Respondent: Mother (M); Third Respondent: Father (F)
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Family Law Child Arrangements and Public Law Care Proceedings / Fact Finding Judgment
Outcome
Findings of fact made against the mother; allegations of domestic abuse by the father not proved; findings in favour of the father.
Legal Topics
Child Arrangements Order, Interim Supervision Order, Domestic Abuse Allegations, Fact Finding Hearing, Contact Disputes, Non Accidental Injury, Parental Alienation
Family Law Child Protection Child Arrangements Order Interim Supervision Order Domestic Abuse Allegations Fact Finding Hearing Contact Disputes Non Accidental Injury +1 more

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Parties

A Local Authority

Applicant

Z

First Respondent

Mother (M)

Second Respondent

Father (F)

Third Respondent

Procedural Posture

Family Law Child Arrangements and Public Law Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether the mother was a victim of domestic abuse by the father
  2. 2 Whether the father inflicted non-accidental injuries on the child
  3. 3 Whether either parent planted bladed items on the child

Ratio Decidendi

The court found that the mother was not a victim of domestic abuse by the father, the father did not inflict non-accidental injuries on the child, and the mother was responsible for planting bladed items on the child and for obstructing the father's contact. The stabbing incident was staged by the mother. The court accepted the father's evidence and found the mother's evidence unreliable unless corroborated.

Court Disposition

Findings of fact made against the mother; allegations of domestic abuse by the father not proved; findings in favour of the father.

Orders

  • Mother to provide a statement indicating acceptance of the judgment.
  • Risk assessment to be undertaken regarding the mother.