D v A [2025] EWFC 66 (B) (15 January 2025)

D v A [2025] EWFC 66 (B) (15 January 2025)

The court found, on the balance of probabilities, that the Father perpetrated physical abuse against the Mother on two occasions (April and September 2020), engaged in controlling and coercive behaviour, and emotionally and physically abused the child, C. The findings were supported by documentary evidence, admissions, and consistent accounts from the child and third parties. The Father's conduct was found to be abusive and harmful to both the Mother and the child, necessitating further safeguarding and assessment before any direct contact could be considered.

Citation
[2025] EWFC 66 (B)
Parties
Applicant: D; Respondent: A
Jurisdiction
England and Wales
Judgment Date
15 January 2025
Procedural Posture
Children Act Proceedings (fact Finding) / Judgment After Fact Finding Hearing
Outcome
Findings of fact made against the Respondent (Father) as to physical, emotional, and coercive abuse; matter to proceed to welfare assessment and further directions.
Legal Topics
Domestic Abuse, Child Arrangements, Fact Finding Hearing, Emotional Abuse, Physical Abuse, Coercive and Controlling Behaviour
Family Law Domestic Abuse Child Arrangements Fact Finding Hearing Emotional Abuse Physical Abuse Coercive and Controlling Behaviour

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Parties

D

Applicant

A

Respondent

Procedural Posture

Children Act Proceedings (fact Finding) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the Respondent (Father) perpetrated physical, emotional, and coercive abuse against the Applicant (Mother) and the child (C)
  2. 2 Whether the allegations of abuse are proved on the balance of probabilities
  3. 3 Impact of the Father's behaviour on the welfare of the child

Ratio Decidendi

The court found, on the balance of probabilities, that the Father perpetrated physical abuse against the Mother on two occasions (April and September 2020), engaged in controlling and coercive behaviour, and emotionally and physically abused the child, C. The findings were supported by documentary evidence, admissions, and consistent accounts from the child and third parties. The Father's conduct was found to be abusive and harmful to both the Mother and the child, necessitating further safeguarding and assessment before any direct contact could be considered.

Court Disposition

Findings of fact made against the Respondent (Father) as to physical, emotional, and coercive abuse; matter to proceed to welfare assessment and further directions.

Orders

  • Findings of fact as set out in the judgment are made.
  • Section 7 report to be prepared by Cafcass on the basis of these findings.