AOX v LSX

AOX v LSX

There was no credible evidence of domestic abuse or coercive and controlling behaviour by Father towards Mother prior to their separation. Mother deliberately prevented Father from having contact with the child from January to September 2021. On 16 September 2021, Father violently abducted the child and prevented Mother from contact. There was no wrongdoing by Father towards Mother on 24 February or 9 March 2022. Mother's removal of the child from Ukraine without Father's consent was wrongful under Ukrainian law but justified by genuine fear due to war and prior abduction.

Parties
Applicant: AOX; Respondent: LSX
Jurisdiction
England and Wales
Judgment Date
26 September 2024
Procedural Posture
Family / Fact Finding Hearing
Outcome
Findings of fact made; no final orders on residence or contact at this stage.
Legal Topics
Child Residence, Child Abduction, Domestic Abuse, Contact Arrangements
Family Law Child Law Child Residence Child Abduction Domestic Abuse Contact Arrangements

Case Brief

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Parties

AOX

Applicant

LSX

Respondent

Procedural Posture

Family / Fact Finding Hearing

Legal Issues

  1. 1 Whether Father engaged in domestic abuse or coercive and controlling behaviour towards Mother
  2. 2 Whether Mother wrongfully removed the child from Ukraine
  3. 3 Whether Father wrongfully abducted the child

Ratio Decidendi

There was no credible evidence of domestic abuse or coercive and controlling behaviour by Father towards Mother prior to their separation. Mother deliberately prevented Father from having contact with the child from January to September 2021. On 16 September 2021, Father violently abducted the child and prevented Mother from contact. There was no wrongdoing by Father towards Mother on 24 February or 9 March 2022. Mother's removal of the child from Ukraine without Father's consent was wrongful under Ukrainian law but justified by genuine fear due to war and prior abduction.

Court Disposition

Findings of fact made; no final orders on residence or contact at this stage.