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

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

The court found that while DG and KB had a dysfunctional and mutually antagonistic relationship, the evidence did not establish, on the balance of probabilities, that DG raped KB in 2017 or that his behaviour towards EMP amounted to a safeguarding risk precluding contact. The court found both parties contributed to the conflict and that KB's allegations were not sufficiently substantiated to warrant a finding of coercive and controlling behaviour or sexual assault. The court determined that contact between DG and EMP should continue, subject to appropriate safeguards and progression as recommended by the Children’s Guardian.

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 Order) / Post Fact Finding Hearing, Judgment on Findings of Fact
Outcome
Allegations of rape and coercive control not proved; contact to continue with safeguards.
Legal Topics
Child Arrangements Orders, Domestic Abuse, Coercive and Controlling Behaviour, Parental Alienation, Fact Finding Hearings
Family Law Child Law Child Arrangements Orders Domestic Abuse Coercive and Controlling Behaviour Parental Alienation Fact Finding Hearings

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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 Order) / Post Fact Finding Hearing, Judgment on Findings of Fact

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 behaviour towards EMP constitutes a safeguarding risk

Ratio Decidendi

The court found that while DG and KB had a dysfunctional and mutually antagonistic relationship, the evidence did not establish, on the balance of probabilities, that DG raped KB in 2017 or that his behaviour towards EMP amounted to a safeguarding risk precluding contact. The court found both parties contributed to the conflict and that KB's allegations were not sufficiently substantiated to warrant a finding of coercive and controlling behaviour or sexual assault. The court determined that contact between DG and EMP should continue, subject to appropriate safeguards and progression as recommended by the Children’s Guardian.

Court Disposition

Allegations of rape and coercive control not proved; contact to continue with safeguards.

Orders

  • Contact between DG and EMP to continue and progress as recommended by the Children’s Guardian.
  • No findings of rape or coercive and controlling behaviour against DG.