DG v KB

DG v KB

On the balance of probabilities, DG raped KB in early 2017, engaged in coercive and controlling behaviour, and demonstrated abusive conduct towards EMP. KB's delay in reporting was credibly explained by shame and trauma. DG's financial recalcitrance was used to exert pressure on KB regarding contact. EMP's negative views of DG stem from both DG's conduct and KB's influence. Enforcement of prior contact orders is dismissed due to these findings.

Parties
Applicant: DG; First Respondent: KB; Second Respondent: EMP
Jurisdiction
England and Wales
Judgment Date
17 November 2024
Procedural Posture
Family / Post Fact Finding Judgment
Outcome
Enforcement application dismissed; factual findings made against DG regarding rape, coercive control, and abusive conduct.
Legal Topics
Child Arrangements Order, Coercive Control, Rape Allegation, Parental Alienation, Financial Abuse
Family Law Child Welfare Domestic Abuse Child Arrangements Order Coercive Control Rape Allegation Parental Alienation Financial Abuse

Case Brief

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Parties

DG

Applicant

KB

First Respondent

EMP

Second Respondent

Procedural Posture

Family / Post Fact Finding Judgment

Legal Issues

  1. 1 Whether DG engaged in coercive and controlling behaviour towards KB
  2. 2 Whether DG raped KB in 2017
  3. 3 Whether DG's conduct towards EMP constituted abuse

Ratio Decidendi

On the balance of probabilities, DG raped KB in early 2017, engaged in coercive and controlling behaviour, and demonstrated abusive conduct towards EMP. KB's delay in reporting was credibly explained by shame and trauma. DG's financial recalcitrance was used to exert pressure on KB regarding contact. EMP's negative views of DG stem from both DG's conduct and KB's influence. Enforcement of prior contact orders is dismissed due to these findings.

Court Disposition

Enforcement application dismissed; factual findings made against DG regarding rape, coercive control, and abusive conduct.

Orders

  • Enforcement application based on 11th September 2020 order dismissed.
  • Guardian to provide report on child arrangements and surname change application.