ES v DC
The Father was found to be the main instigator of coercive and controlling behaviour and physical abuse towards the Mother and child C, based on the balance of probabilities and corroborated evidence. The Mother was not the aggressor except during a psychotic episode, and her mental health difficulties did not affect her care of the children.
- Parties
- Applicant: ES; Respondent: DC
- Jurisdiction
- England and Wales
- Judgment Date
- 16 November 2024
- Procedural Posture
- Family / Fact Finding Judgment
- Outcome
- Findings of fact made; case to proceed to welfare stage with section 7 Cafcass report; reallocation to another High Court Judge.
- Legal Topics
- Domestic Abuse, Child Contact, Hague Convention, Fact Finding, Mental Health, Coercive Control
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
ES
Applicant
DC
Respondent
Procedural Posture
Family / Fact Finding Judgment
Legal Issues
- 1 Cross-allegations of domestic abuse between parents
- 2 Determination of credibility and reliability of evidence
- 3 Impact of parental behaviour on children
Ratio Decidendi
The Father was found to be the main instigator of coercive and controlling behaviour and physical abuse towards the Mother and child C, based on the balance of probabilities and corroborated evidence. The Mother was not the aggressor except during a psychotic episode, and her mental health difficulties did not affect her care of the children.
Court Disposition
Findings of fact made; case to proceed to welfare stage with section 7 Cafcass report; reallocation to another High Court Judge.
Orders
- Section 7 report from Cafcass to be prepared.
- Case reallocated to a different High Court Judge for welfare stage.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment