B v B (Fact Finding)

B v B (Fact Finding)

The court found, on the balance of probabilities, that the Father engaged in certain acts of physical chastisement exceeding reasonable bounds, sent a threatening text message demanding the Mother leave the home, and engaged in emotionally harmful conduct in the presence of the children. The Mother exaggerated but did not fabricate allegations. The findings justified extension of the non-molestation order to protect the Mother and children.

Parties
Applicant: B (Father); Respondent: B (Mother)
Jurisdiction
England and Wales
Judgment Date
13 January 2025
Procedural Posture
Family Law Children Act and Non Molestation / Fact Finding Hearing and Determination of Extension of Non Molestation Order
Outcome
Non-molestation order extended; section 7 report directed; dispute resolution and welfare hearings to be listed.
Legal Topics
Fact Finding Hearing, Non Molestation Order, Child Arrangements Order, Prohibited Steps Order, Reasonable Chastisement, Coercive and Controlling Behaviour
Family Law Child Arrangements Domestic Abuse Fact Finding Hearing Non Molestation Order Child Arrangements Order Prohibited Steps Order Reasonable Chastisement +1 more

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Parties

B (Father)

Applicant

B (Mother)

Respondent

Procedural Posture

Family Law Children Act and Non Molestation / Fact Finding Hearing and Determination of Extension of Non Molestation Order

Legal Issues

  1. 1 Whether the Father engaged in domestic abuse, including physical, emotional, and verbal abuse against the Mother and/or children
  2. 2 Whether the Mother fabricated or exaggerated allegations
  3. 3 Whether the non-molestation order should be extended

Ratio Decidendi

The court found, on the balance of probabilities, that the Father engaged in certain acts of physical chastisement exceeding reasonable bounds, sent a threatening text message demanding the Mother leave the home, and engaged in emotionally harmful conduct in the presence of the children. The Mother exaggerated but did not fabricate allegations. The findings justified extension of the non-molestation order to protect the Mother and children.

Court Disposition

Non-molestation order extended; section 7 report directed; dispute resolution and welfare hearings to be listed.

Orders

  • Non-molestation order to continue until conclusion of Children Act proceedings or further order.
  • Section 7 report to be prepared.