B v E (Fact-finding) [2023] EWFC 303 (B) (11 October 2023)

B v E (Fact-finding) [2023] EWFC 303 (B) (11 October 2023)

The Mother failed to discharge the burden of proof on her allegations of coercive and controlling behaviour, gaslighting, and manipulation of psychiatric diagnoses by the Father. The evidence, including contemporaneous documentation and the parties' credibility, supports the Father's account and undermines the Mother's. There is no established pattern of domestic abuse or coercive control by the Father against the Mother or the child.

Citation
[2023] EWFC 303 (B)
Parties
Applicant: B; Respondent: E
Jurisdiction
England and Wales
Judgment Date
11 October 2023
Procedural Posture
Private Law Family Proceedings (child Arrangements) / Fact Finding Judgment After Three Day Hearing
Outcome
Mother's allegations of domestic abuse, coercive control, and gaslighting against the Father are not proved.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Child Arrangements, Fact Finding Hearings, Burden and Standard of Proof, Credibility Assessment
Family Law Domestic Abuse Coercive and Controlling Behaviour Child Arrangements Fact Finding Hearings Burden and Standard of Proof Credibility Assessment

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Parties

B

Applicant

E

Respondent

Procedural Posture

Private Law Family Proceedings (child Arrangements) / Fact Finding Judgment After Three Day Hearing

Legal Issues

  1. 1 Whether the Father perpetrated domestic abuse (including coercive and controlling behaviour) against the Mother
  2. 2 Whether the Father perpetrated domestic abuse against the child
  3. 3 Whether the Mother's allegations of gaslighting and manipulation of psychiatric diagnoses are substantiated

Ratio Decidendi

The Mother failed to discharge the burden of proof on her allegations of coercive and controlling behaviour, gaslighting, and manipulation of psychiatric diagnoses by the Father. The evidence, including contemporaneous documentation and the parties' credibility, supports the Father's account and undermines the Mother's. There is no established pattern of domestic abuse or coercive control by the Father against the Mother or the child.

Court Disposition

Mother's allegations of domestic abuse, coercive control, and gaslighting against the Father are not proved.

Orders

  • No findings of domestic abuse or coercive control made against the Father.
  • Proceedings to continue to welfare stage for determination of child arrangements.