V and W (Children: Finding of Fact), Re

V and W (Children: Finding of Fact), Re

The court found, on the balance of probabilities, that the mother perpetrated a pattern of coercive and controlling behaviour, physical and verbal abuse, and made false allegations of rape and domestic abuse against the father. The mother exposed the children to harm through her behaviour, lacked insight or remorse, and used proceedings to perpetuate abuse. The father's evidence was preferred as consistent and credible; the mother's was found to be dishonest and manipulative. The current shared care arrangement was found to be inappropriate given the risk posed by the mother.

Parties
Applicant: B (Father); Respondent: A (Mother)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Children Act and Family Law Act Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing
Outcome
Findings of fact made against the mother; current shared care arrangement found inappropriate; further submissions invited on next steps.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Child Arrangements, False Allegations, Parental Responsibility
Family Law Children Law Domestic Abuse Coercive and Controlling Behaviour Child Arrangements False Allegations Parental Responsibility

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Parties

B (Father)

Applicant

A (Mother)

Respondent

Procedural Posture

Children Act and Family Law Act Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother perpetrated domestic abuse (including coercive and controlling behaviour) against the father
  2. 2 Whether the mother made false allegations of rape and domestic abuse against the father
  3. 3 Whether the mother's behaviour posed a risk to the children and affected their welfare

Ratio Decidendi

The court found, on the balance of probabilities, that the mother perpetrated a pattern of coercive and controlling behaviour, physical and verbal abuse, and made false allegations of rape and domestic abuse against the father. The mother exposed the children to harm through her behaviour, lacked insight or remorse, and used proceedings to perpetuate abuse. The father's evidence was preferred as consistent and credible; the mother's was found to be dishonest and manipulative. The current shared care arrangement was found to be inappropriate given the risk posed by the mother.

Court Disposition

Findings of fact made against the mother; current shared care arrangement found inappropriate; further submissions invited on next steps.