A (A child: Wardship: Fact Finding: Domestic Violence)

A (A child: Wardship: Fact Finding: Domestic Violence)

The court found, on the balance of probabilities, that the father committed serious domestic violence against the mother, including two notable incidents corroborated by police evidence and the child's interview, and engaged in abusive behaviour towards the mother through messages. The court found the mother to be a credible witness and the father to be unreliable and defensive. The child suffered emotional trauma from witnessing violence. The court concluded that violence was a feature of the marriage and that the father's conduct undermined his suitability for contact or residence orders without safeguards.

Parties
Applicant: D; Respondent: D; Child: A (a child)
Jurisdiction
England and Wales
Judgment Date
08 May 2015
Procedural Posture
Wardship / Fact Finding Judgment
Outcome
Findings of fact made against the father regarding domestic violence and abusive behaviour; no punitive physical abuse found towards the child; contact or residence orders to be considered with reference to safety and welfare.
Legal Topics
Wardship, Domestic Violence, Child Welfare, Contact Orders
Family Law Child Protection Wardship Domestic Violence Child Welfare Contact Orders

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Parties

D

Applicant

D

Respondent

A (a child)

Child

Procedural Posture

Wardship / Fact Finding Judgment

Legal Issues

  1. 1 Whether serious domestic violence occurred between the parents
  2. 2 Whether abusive behaviour was directed towards the child
  3. 3 Whether contact or residence orders should be made in light of findings of domestic violence

Ratio Decidendi

The court found, on the balance of probabilities, that the father committed serious domestic violence against the mother, including two notable incidents corroborated by police evidence and the child's interview, and engaged in abusive behaviour towards the mother through messages. The court found the mother to be a credible witness and the father to be unreliable and defensive. The child suffered emotional trauma from witnessing violence. The court concluded that violence was a feature of the marriage and that the father's conduct undermined his suitability for contact or residence orders without safeguards.

Court Disposition

Findings of fact made against the father regarding domestic violence and abusive behaviour; no punitive physical abuse found towards the child; contact or residence orders to be considered with reference to safety and welfare.

Orders

  • Anonymity of the child and family members to be strictly preserved in any published judgment.
  • Contact or residence orders to be made only if physical and emotional safety of the child and mother can be secured.