C v D

C v D

The mother's evidence was consistent, corroborated by contemporaneous records and witness testimony. The father engaged in a persistent pattern of coercive, controlling, emotionally and sexually abusive behaviour towards the mother, including two instances of non-consensual sex. The evidence did not support deliberate harm to the child, but the father's behaviour poses a risk requiring further welfare assessment.

Parties
Applicant: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Child Arrangements Order (fact Finding Hearing) / Fact Finding Judgment
Outcome
Findings made against the father regarding domestic abuse and non-consensual sex; insufficient evidence of deliberate harm to the child; case to proceed to welfare stage for further directions.
Legal Topics
Domestic Abuse, Child Arrangements, Fact Finding, Coercive and Controlling Behaviour, Non Consensual Sex
Family Law Domestic Abuse Child Arrangements Fact Finding Coercive and Controlling Behaviour Non Consensual Sex

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Parties

C

Applicant

D

Respondent

Procedural Posture

Child Arrangements Order (fact Finding Hearing) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father engaged in domestic abuse, including coercive and controlling behaviour, emotional and sexual abuse, and physical aggression towards the mother
  2. 2 Whether the father deliberately harmed the child

Ratio Decidendi

The mother's evidence was consistent, corroborated by contemporaneous records and witness testimony. The father engaged in a persistent pattern of coercive, controlling, emotionally and sexually abusive behaviour towards the mother, including two instances of non-consensual sex. The evidence did not support deliberate harm to the child, but the father's behaviour poses a risk requiring further welfare assessment.

Court Disposition

Findings made against the father regarding domestic abuse and non-consensual sex; insufficient evidence of deliberate harm to the child; case to proceed to welfare stage for further directions.

Orders

  • Matter to be set down for further directions and welfare assessment to determine contact outcome.