AB v CD

AB v CD

The court found that the father engaged in repeated emotional abuse, lost his temper, and acted in ways that were frightening and damaging to the child, but did not find deliberate coercive control or physical violence. The mother did not alienate the child from the father and was outwardly supportive of contact. The breakdown in the father-child relationship was primarily due to the father's behaviour and the acrimonious parental conflict, not the mother's actions.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
10 April 2023
Procedural Posture
Family / Fact Finding Judgment
Outcome
Fact finding completed; directions hearing to follow for further orders.
Legal Topics
Child Arrangements, Contact Orders, Domestic Abuse, Coercive and Controlling Behaviour, Parental Alienation, Fact Finding Hearings
Family Law Child Law Child Arrangements Contact Orders Domestic Abuse Coercive and Controlling Behaviour Parental Alienation Fact Finding Hearings

Case Brief

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father engaged in coercive and controlling behaviour towards the mother and child
  2. 2 Whether the mother alienated the child from the father
  3. 3 Whether the father's behaviour amounted to emotional or physical abuse

Ratio Decidendi

The court found that the father engaged in repeated emotional abuse, lost his temper, and acted in ways that were frightening and damaging to the child, but did not find deliberate coercive control or physical violence. The mother did not alienate the child from the father and was outwardly supportive of contact. The breakdown in the father-child relationship was primarily due to the father's behaviour and the acrimonious parental conflict, not the mother's actions.

Court Disposition

Fact finding completed; directions hearing to follow for further orders.

Orders

  • Mother permitted to withdraw relocation application.
  • No finding of parental alienation against the mother.