Re Z (A Child: Transfer of the Child to Live with the Other Parent) (No. 1)

Re Z (A Child: Transfer of the Child to Live with the Other Parent) (No. 1)

The court found the mother was not a victim of domestic abuse or coercive control by the father, the father did not plant blades or send anonymous messages, the stabbing incident was staged by the mother, the bruising was inflicted while the child was in the mother's care but the perpetrator could not be identified, and the mother actively obstructed the father's contact with the child.

Parties
Applicant: A Local Authority; First Respondent: Z; Second Respondent: Second Respondent; Third Respondent: Third Respondent (by Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Child Arrangements / Care Proceedings / Fact Finding Judgment
Outcome
Findings of fact made; mother not victim of domestic abuse; father did not plant blades or send anonymous messages; mother obstructed contact; further risk assessment and consideration of mother's contact required.
Legal Topics
Domestic Abuse, Coercive Control, Child Arrangements, Interim Orders, Evidence Assessment
Family Law Child Protection Domestic Abuse Coercive Control Child Arrangements Interim Orders Evidence Assessment

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 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

Z

First Respondent

Second Respondent

Second Respondent

Third Respondent (by Children's Guardian)

Third Respondent

Procedural Posture

Child Arrangements / 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 planted blades on the child
  3. 3 Whether the father sent anonymous messages

Ratio Decidendi

The court found the mother was not a victim of domestic abuse or coercive control by the father, the father did not plant blades or send anonymous messages, the stabbing incident was staged by the mother, the bruising was inflicted while the child was in the mother's care but the perpetrator could not be identified, and the mother actively obstructed the father's contact with the child.

Court Disposition

Findings of fact made; mother not victim of domestic abuse; father did not plant blades or send anonymous messages; mother obstructed contact; further risk assessment and consideration of mother's contact required.

Orders

  • Mother to provide statement accepting or disputing judgment
  • Risk assessment to be undertaken