A & B (Children) Re [2022] EWFC 124 (B) (18 October 2022)

A & B (Children) Re [2022] EWFC 124 (B) (18 October 2022)

The court found that F's allegations against M were not proved on the balance of probabilities; M's actions did not amount to neglect or abuse, and any inappropriate behaviour was brief and ceased upon advice. Conversely, the court found that F engaged in a pattern of coercive and controlling behaviour towards M, including excessive and unfounded complaints to authorities, derogatory communications, and attempts to undermine M's parenting, causing her anxiety and distress. This behaviour met the legal definitions of coercive and controlling conduct and was likely to impact the welfare of the children.

Citation
[2022] EWFC 124 (B)
Parties
Applicant: F; First Respondent: M; Second and Third Respondents: A & B (acting through their 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
F's allegations against M dismissed; findings of coercive and controlling behaviour made against F.
Legal Topics
Child Arrangements Order, Non Molestation Order, Section 37 Report, Coercive and Controlling Behaviour, Domestic Abuse, Parental Conflict
Family Law Child Arrangements Order Non Molestation Order Section 37 Report Coercive and Controlling Behaviour Domestic Abuse Parental Conflict

Case Brief

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Parties

F

Applicant

M

First Respondent

A & B (acting through their 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 engaged in conduct amounting to neglect or abuse of the children
  2. 2 Whether F engaged in coercive and controlling behaviour towards M
  3. 3 Whether either parent made false allegations to authorities

Ratio Decidendi

The court found that F's allegations against M were not proved on the balance of probabilities; M's actions did not amount to neglect or abuse, and any inappropriate behaviour was brief and ceased upon advice. Conversely, the court found that F engaged in a pattern of coercive and controlling behaviour towards M, including excessive and unfounded complaints to authorities, derogatory communications, and attempts to undermine M's parenting, causing her anxiety and distress. This behaviour met the legal definitions of coercive and controlling conduct and was likely to impact the welfare of the children.

Court Disposition

F's allegations against M dismissed; findings of coercive and controlling behaviour made against F.

Orders

  • No findings of neglect or abuse against M.
  • Findings of coercive and controlling behaviour against F to inform welfare assessment.