L (a boy born November 2022) (fact-finding hearing), Re [2024] EWFC 60 (B) (13 March 2024)

L (a boy born November 2022) (fact-finding hearing), Re [2024] EWFC 60 (B) (13 March 2024)

The court found, on balance of probabilities, that the incident in January 2023 occurred as alleged by M, with F losing his temper and throwing his phone. The February 2023 allegation was not proven due to conflicting evidence and lack of clarity. The July 2023 incident was found proven, with F assaulting M, sitting on her, pushing her head into the sofa, and making threats to kill, supported by audio evidence and contemporaneous report to M's mother. The court found a pattern of coercive and controlling behaviour by F towards M, including humiliation, intimidation, and control over finances and sexual activity. F's allegations of emotional abuse by M were not proven as a pattern. The...

Citation
[2024] EWFC 60 (B)
Parties
Applicant: DAL; Respondent: DAD
Jurisdiction
England and Wales
Judgment Date
13 March 2024
Procedural Posture
Child Arrangements Application (children Act 1989) / Fact Finding Hearing
Outcome
Findings of fact made: F perpetrated coercive and controlling behaviour and physical abuse in January and July 2023; February 2023 allegation not proven; F's allegations of emotional abuse by M not proven.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Child Arrangements, Relocation, Welfare of the Child
Family Law Child Law Domestic Abuse Coercive and Controlling Behaviour Child Arrangements Relocation Welfare of the Child

Case Brief

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Parties

DAL

Applicant

DAD

Respondent

Procedural Posture

Child Arrangements Application (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the applicant or respondent perpetrated coercive and controlling behaviour or emotional abuse
  2. 2 Whether discrete incidents of domestic violence occurred in January, February, and July 2023
  3. 3 Impact of proven allegations on child arrangements and welfare

Ratio Decidendi

The court found, on balance of probabilities, that the incident in January 2023 occurred as alleged by M, with F losing his temper and throwing his phone. The February 2023 allegation was not proven due to conflicting evidence and lack of clarity. The July 2023 incident was found proven, with F assaulting M, sitting on her, pushing her head into the sofa, and making threats to kill, supported by audio evidence and contemporaneous report to M's mother. The court found a pattern of coercive and controlling behaviour by F towards M, including humiliation, intimidation, and control over finances and sexual activity. F's allegations of emotional abuse by M were not proven as a pattern. The...

Court Disposition

Findings of fact made: F perpetrated coercive and controlling behaviour and physical abuse in January and July 2023; February 2023 allegation not proven; F's allegations of emotional abuse by M not proven.

Orders

  • Further directions to be made regarding child arrangements and welfare evaluation in light of findings.
  • Any child arrangements order must protect L and M from risk of harm and be in L's best interests.