F v M [2024] EWFC 73 (B) (02 April 2024)

F v M [2024] EWFC 73 (B) (02 April 2024)

The mother failed to discharge the burden of proof on the balance of probabilities for any of her allegations. Her evidence was inconsistent, lacked detail, and was contradicted by documentary evidence. The father's evidence was credible and supported by contemporaneous messages. The court found none of the mother's...

Source-derived case information.

Citation
[2024] EWFC 73 (B)
Parties
Applicant: F; 1st Respondent: M; 2nd Respondent: C (by her Guardian, Sharon Jones)
Jurisdiction
England and Wales
Judgment Date
02 April 2024
Procedural Posture
Family Law (child Arrangements) / Fact Finding Hearing and Judgment
Outcome
All allegations of domestic abuse by the mother against the father are dismissed.
Legal Topics
Child Arrangements, Domestic Abuse Allegations, Fact Finding Hearings, Parental Responsibility
Family Law Child Arrangements Domestic Abuse Allegations Fact Finding Hearings Parental Responsibility

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Parties

F

Applicant

M

1st Respondent

C (by her Guardian, Sharon Jones)

2nd Respondent

Procedural Posture

Family Law (child Arrangements) / Fact Finding Hearing and Judgment

  1. 1 Whether the mother's allegations of domestic abuse against the father are proved on the balance of probabilities
  2. 2 Whether the mother is deliberately frustrating the father's attempts to have contact with the child

Ratio Decidendi

The mother failed to discharge the burden of proof on the balance of probabilities for any of her allegations. Her evidence was inconsistent, lacked detail, and was contradicted by documentary evidence. The father's evidence was credible and supported by contemporaneous messages. The court found none of the mother's allegations of domestic abuse proved.

Court Disposition

All allegations of domestic abuse by the mother against the father are dismissed.

Orders

  • The order shall record that none of the mother's allegations of domestic abuse are made out.