DG v KB & Anor (Re EMP (A Child)) (Rev1) [2023] EWFC 180 (B) (21 September 2023)

DG v KB & Anor (Re EMP (A Child)) (Rev1) [2023] EWFC 180 (B) (21 September 2023)

The court found that while there was evidence of mutual unpleasantness and some inappropriate behaviour by DG, the allegations of rape and a sustained pattern of coercive and controlling behaviour were not proved to the requisite standard. The court did not find KB to have fabricated allegations maliciously but found that the evidence did not support a finding of domestic abuse or rape as alleged. The welfare of EMP required that contact progress, with appropriate safeguards, as there were no substantiated safeguarding concerns preventing unsupervised contact.

Citation
[2023] EWFC 180
Parties
Applicant: DG; First Respondent: KB; Second Respondent: EMP (by his Children’s Guardian “CG2”)
Jurisdiction
England and Wales
Judgment Date
21 September 2023
Procedural Posture
Section 8 Children Act 1989 Proceedings (child Arrangements) / Post Fact Finding Hearing Judgment
Outcome
Allegations of rape and coercive control not proved; no findings of domestic abuse made against DG; contact to progress as per recommendations.
Legal Topics
Child Arrangements Order, Domestic Abuse, Coercive and Controlling Behaviour, Fact Finding Hearing, Contact Disputes, Parental Alienation, Rape Allegation, Special Measures, Enforcement of Contact
Family Law Child Law Child Arrangements Order Domestic Abuse Coercive and Controlling Behaviour Fact Finding Hearing Contact Disputes Parental Alienation +3 more

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Parties

DG

Applicant

KB

First Respondent

EMP (by his Children’s Guardian “CG2”)

Second Respondent

Procedural Posture

Section 8 Children Act 1989 Proceedings (child Arrangements) / Post Fact Finding Hearing Judgment

Legal Issues

  1. 1 Whether DG engaged in coercive and controlling behaviour towards KB and/or EMP
  2. 2 Whether DG raped KB in 2017
  3. 3 Whether KB fabricated allegations to frustrate DG's contact with EMP

Ratio Decidendi

The court found that while there was evidence of mutual unpleasantness and some inappropriate behaviour by DG, the allegations of rape and a sustained pattern of coercive and controlling behaviour were not proved to the requisite standard. The court did not find KB to have fabricated allegations maliciously but found that the evidence did not support a finding of domestic abuse or rape as alleged. The welfare of EMP required that contact progress, with appropriate safeguards, as there were no substantiated safeguarding concerns preventing unsupervised contact.

Court Disposition

Allegations of rape and coercive control not proved; no findings of domestic abuse made against DG; contact to progress as per recommendations.

Orders

  • No findings of rape or coercive and controlling behaviour against DG.
  • Contact between DG and EMP to progress, with arrangements as recommended by the Guardian and Cafcass.