F v M & Ors

F v M & Ors

The court found that F did not prove his allegations against M regarding isolation, false allegations, neglect, or physical harm. M’s inappropriate discipline was brief, ceased upon advice, and did not amount to abuse. Conversely, the court found that F engaged in a pattern of coercive and controlling behaviour towards M, including excessive complaints, derogatory communications, undermining her parenting, and prioritising his own needs over the children’s welfare, thereby exposing the children to emotional harm.

Parties
Applicant: F; First Respondent: M; Second and Third Respondents: A & B (through Children’s Guardian, Ruth Alexander)
Jurisdiction
England and Wales
Judgment Date
18 October 2022
Procedural Posture
Children Act and Family Law Act Proceedings / Fact Finding Hearing
Outcome
Findings of fact made; most of F’s allegations against M not proved; M’s allegations of coercive and controlling behaviour by F proved; finding that F exposed the children to emotional harm.
Legal Topics
Child Arrangements, Non Molestation Orders, Coercive and Controlling Behaviour, Domestic Abuse, Parental Responsibility, Contact Arrangements
Family Law Child Law Child Arrangements Non Molestation Orders Coercive and Controlling Behaviour Domestic Abuse Parental Responsibility Contact Arrangements

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Parties

F

Applicant

M

First Respondent

A & B (through Children’s Guardian, Ruth Alexander)

Second and Third Respondents

Procedural Posture

Children Act and Family Law Act Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether M made false allegations and neglected the children
  2. 2 Whether M inflicted physical or emotional harm on the children
  3. 3 Whether F subjected M to coercive and controlling behaviour

Ratio Decidendi

The court found that F did not prove his allegations against M regarding isolation, false allegations, neglect, or physical harm. M’s inappropriate discipline was brief, ceased upon advice, and did not amount to abuse. Conversely, the court found that F engaged in a pattern of coercive and controlling behaviour towards M, including excessive complaints, derogatory communications, undermining her parenting, and prioritising his own needs over the children’s welfare, thereby exposing the children to emotional harm.

Court Disposition

Findings of fact made; most of F’s allegations against M not proved; M’s allegations of coercive and controlling behaviour by F proved; finding that F exposed the children to emotional harm.