J & Anor (Children) (Finding of Fact), Re

J & Anor (Children) (Finding of Fact), Re

The court found that both parents exposed the children to emotional harm through parental conflict and dysregulated adult behaviour. The mother failed to prove allegations of rape and certain physical assaults, but the father was found to have harassed the mother post-separation. The father's allegations of neglect and physical abuse by the mother were proven, particularly regarding dental neglect and physical chastisement. The court concluded that both parents contributed to the children's vulnerability and emotional harm.

Parties
Applicant: A Mother; Respondent: A Father
Jurisdiction
England and Wales
Judgment Date
06 April 2025
Procedural Posture
Family / Fact Finding Judgment
Outcome
Findings of fact made; both parents found to have exposed children to emotional harm; specific allegations proven and disproven as detailed.
Legal Topics
Domestic Abuse, Child Arrangements, Parental Responsibility, Fact Finding Hearings, Emotional Harm, Physical Abuse, Sexual Abuse, Neglect
Family Law Child Protection Domestic Abuse Child Arrangements Parental Responsibility Fact Finding Hearings Emotional Harm Physical Abuse +2 more

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Parties

A Mother

Applicant

A Father

Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether allegations of domestic abuse, physical abuse, emotional abuse, sexual abuse, and neglect are proven against either parent
  2. 2 Whether the facts found amount to domestic abuse under Practice Direction 12J and relevant case law
  3. 3 Impact of parental conflict and abuse on the welfare of the children

Ratio Decidendi

The court found that both parents exposed the children to emotional harm through parental conflict and dysregulated adult behaviour. The mother failed to prove allegations of rape and certain physical assaults, but the father was found to have harassed the mother post-separation. The father's allegations of neglect and physical abuse by the mother were proven, particularly regarding dental neglect and physical chastisement. The court concluded that both parents contributed to the children's vulnerability and emotional harm.

Court Disposition

Findings of fact made; both parents found to have exposed children to emotional harm; specific allegations proven and disproven as detailed.

Orders

  • Matter listed for welfare hearing on 7 July 2025.
  • Child impact report author to attend welfare hearing.