A v B

A v B

The court found that neither party proved their allegations of controlling, coercive, or abusive behaviour. The evidence showed a tempestuous relationship with arguments and aggression on both sides, but not a pattern of controlling or coercive behaviour by the Father. There was insufficient evidence of violence or abuse towards the children by the Father or of abuse by the Mother towards the children. The threshold for a non-molestation order was not met as there was no evidence of post-separation molestation or harassment, and the Mother did not require the court's protection.

Parties
Applicant: A; Respondent: B
Jurisdiction
England and Wales
Judgment Date
06 June 2024
Procedural Posture
Private Law Children Proceedings and Non Molestation Order Application / Judgment After Finding of Fact Hearing and Final Hearing on Non Molestation Order
Outcome
Mother's application for a non-molestation order dismissed; findings of fact made for Children Act proceedings; prohibited steps order to remain in force pending further assessment.
Legal Topics
Non Molestation Order, Children Act Proceedings, Domestic Abuse, Controlling and Coercive Behaviour, Child Arrangements, Prohibited Steps Order
Family Law Non Molestation Order Children Act Proceedings Domestic Abuse Controlling and Coercive Behaviour Child Arrangements Prohibited Steps Order

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Parties

A

Applicant

B

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Father was controlling and coercive throughout the marriage
  2. 2 Whether the Father was violent and verbally abusive towards the Mother
  3. 3 Whether the Father was financially abusive towards the Mother

Ratio Decidendi

The court found that neither party proved their allegations of controlling, coercive, or abusive behaviour. The evidence showed a tempestuous relationship with arguments and aggression on both sides, but not a pattern of controlling or coercive behaviour by the Father. There was insufficient evidence of violence or abuse towards the children by the Father or of abuse by the Mother towards the children. The threshold for a non-molestation order was not met as there was no evidence of post-separation molestation or harassment, and the Mother did not require the court's protection.

Court Disposition

Mother's application for a non-molestation order dismissed; findings of fact made for Children Act proceedings; prohibited steps order to remain in force pending further assessment.

Orders

  • Mother's application for a non-molestation order is dismissed.
  • Prohibited steps order made on 26 April 2023 to remain in force pending further assessment.