BB v CC (Rev1) [2024] EWHC 2693 (Fam) (24 October 2024)

BB v CC (Rev1) [2024] EWHC 2693 (Fam) (24 October 2024)

The court found, on the balance of probabilities, that the father was responsible for the threatening and abusive communications sent to the mother, her family, and her solicitors. The explanation that a third party, Mr Gwenstefani, was responsible was rejected as a fabrication. The conduct amounted to coercive and...

Source-derived case information.

Citation
[2024] EWHC 2693 (Fam)
Parties
Applicant: BB; Respondent: CC
Jurisdiction
England and Wales
Judgment Date
24 October 2024
Procedural Posture
Family Law Child Arrangements and Fact Finding / Judgment After Fact Finding Hearing
Outcome
Findings of fact made against the father; allegations of domestic abuse and coercive behaviour proved.
Legal Topics
Domestic Abuse, Fact Finding Hearing, Child Arrangements, Coercive and Controlling Behaviour, Self Representation
Family Law Domestic Abuse Fact Finding Hearing Child Arrangements Coercive and Controlling Behaviour Self Representation

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Summary, issues, holding and outcome

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Parties

BB

Applicant

CC

Respondent

Procedural Posture

Family Law Child Arrangements and Fact Finding / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father was responsible for a campaign of threats and abuse against the mother, her family, and her solicitors
  2. 2 Whether the father's explanation of a third party (Mr Gwenstefani) being responsible was credible
  3. 3 Whether the conduct amounted to domestic abuse under Practice Direction 12J

Ratio Decidendi

The court found, on the balance of probabilities, that the father was responsible for the threatening and abusive communications sent to the mother, her family, and her solicitors. The explanation that a third party, Mr Gwenstefani, was responsible was rejected as a fabrication. The conduct amounted to coercive and controlling behaviour and domestic abuse within the meaning of Practice Direction 12J.

Court Disposition

Findings of fact made against the father; allegations of domestic abuse and coercive behaviour proved.

Orders

  • Findings of fact as set out in the Scott schedule proved against the father (allegations 1, 3, 4, 5, and 6).
  • No findings made on allegation 2 due to lack of evidence.