BB v CC

BB v CC

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 court rejected the father's explanation that a third party, Mr Gwenstefani, was responsible, finding this person to be a figment of the father's imagination. The court accepted the mother's identification of the father's handwriting and found a clear pattern of coercive and intimidatory behaviour amounting to domestic abuse.

Parties
Applicant: BB; Respondent: CC
Jurisdiction
England and Wales
Judgment Date
25 October 2024
Procedural Posture
Family Law Child Arrangements/fact Finding / Judgment After Fact Finding Hearing
Outcome
Findings of fact made against the father; allegations of threatening and abusive behaviour proved.
Legal Topics
Domestic Abuse, Fact Finding Hearing, Contact With Child, Coercive Behaviour, Self Harm, Threatening Communications, Parental Responsibility
Family Law Domestic Abuse Fact Finding Hearing Contact With Child Coercive Behaviour Self Harm Threatening Communications Parental Responsibility

Case Brief

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Parties

BB

Applicant

CC

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the father was responsible for threatening and abusive communications to the mother, her family, and her solicitors
  2. 2 Whether the father's behaviour amounted to domestic abuse and coercive control
  3. 3 Whether the father's explanations regarding 'Mr Gwenstefani' were credible

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 court rejected the father's explanation that a third party, Mr Gwenstefani, was responsible, finding this person to be a figment of the father's imagination. The court accepted the mother's identification of the father's handwriting and found a clear pattern of coercive and intimidatory behaviour amounting to domestic abuse.

Court Disposition

Findings of fact made against the father; allegations of threatening and abusive behaviour proved.

Orders

  • The findings set out in the judgment are made.
  • Anonymity of the child and family members to be strictly preserved in any publication.