A v B [2024] EWFC 124 (B) (30 April 2024)

A v B [2024] EWFC 124 (B) (30 April 2024)

The Court found that the relationship was tempestuous with verbal and some physical aggression on both sides, but did not find the Father guilty of controlling or coercive behaviour, nor did it find the Mother's allegations of routine violence, financial abuse, or social isolation proven. The Court found both parents engaged in arguments and physicality, but not to the threshold of criminally abusive behaviour. The non-molestation order was not granted.

Citation
[2024] EWFC 124 (B)
Parties
Applicant: A; Respondent: B
Jurisdiction
England and Wales
Judgment Date
30 April 2024
Procedural Posture
Private Law Children Proceedings and Non Molestation Order / Finding of Fact Hearing and Final Hearing on Non Molestation Order
Outcome
Non-molestation order refused; findings of fact made for welfare assessment in children proceedings.
Legal Topics
Child Arrangements, Non Molestation Orders, Domestic Abuse, Controlling and Coercive Behaviour
Family Law Child Arrangements Non Molestation Orders Domestic Abuse Controlling and Coercive Behaviour

Case Brief

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Parties

A

Applicant

B

Respondent

Procedural Posture

Private Law Children Proceedings and Non Molestation Order / Finding of Fact Hearing and Final Hearing on Non Molestation Order

Legal Issues

  1. 1 Whether the Father engaged in controlling and coercive behaviour towards the Mother
  2. 2 Whether the Father was violent or verbally abusive towards the Mother
  3. 3 Whether the Father was financially abusive

Ratio Decidendi

The Court found that the relationship was tempestuous with verbal and some physical aggression on both sides, but did not find the Father guilty of controlling or coercive behaviour, nor did it find the Mother's allegations of routine violence, financial abuse, or social isolation proven. The Court found both parents engaged in arguments and physicality, but not to the threshold of criminally abusive behaviour. The non-molestation order was not granted.

Court Disposition

Non-molestation order refused; findings of fact made for welfare assessment in children proceedings.

Orders

  • No non-molestation order granted
  • Findings of fact to inform welfare assessment in ongoing children proceedings