S (A Child) & L (A Child), In the Matter Of [2024] EWFC 108 (B) (05 February 2024)

S (A Child) & L (A Child), In the Matter Of [2024] EWFC 108 (B) (05 February 2024)

The court found that both parents engaged in inappropriate arguments and some physical altercations in the presence of the children, but most serious allegations of physical abuse were not proved on the balance of probabilities due to lack of independent or contemporaneous evidence. The father's behaviour since April 2020 constituted a campaign of controlling and coercive conduct against the mother, including emotionally abusive conduct towards the children by denigrating the mother and attempting to alienate them. The father's persistent, unsupported allegations and use of proceedings to abuse the mother were found to be emotionally harmful and controlling. The mother was found to have...

Citation
[2024] EWFC 108 (B)
Parties
Applicant: F; First Respondent: M; Second and Third Respondents: S & L (through their 16.4 Children's Guardian Georgia Mills)
Jurisdiction
England and Wales
Judgment Date
05 February 2024
Procedural Posture
Children Act 1989 Proceedings (child Arrangements Order) / Fact Finding Hearing
Outcome
Findings of fact made; most serious allegations not proved; father's conduct found to be controlling and emotionally abusive; further welfare hearing required to determine child arrangements.
Legal Topics
Child Arrangements Order, Domestic Abuse, Fact Finding Hearing, Parental Responsibility, Emotional Harm, Coercive and Controlling Behaviour
Family Law Child Arrangements Order Domestic Abuse Fact Finding Hearing Parental Responsibility Emotional Harm Coercive and Controlling Behaviour

Case Brief

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Parties

F

Applicant

M

First Respondent

S & L (through their 16.4 Children's Guardian Georgia Mills)

Second and Third Respondents

Procedural Posture

Children Act 1989 Proceedings (child Arrangements Order) / Fact Finding Hearing

Legal Issues

  1. 1 Whether either parent has perpetrated domestic abuse or caused harm to the children
  2. 2 Whether the allegations of physical, emotional, or psychological abuse by either parent are proved on the balance of probabilities
  3. 3 Whether the conduct of either parent has caused or is likely to cause emotional harm to the children

Ratio Decidendi

The court found that both parents engaged in inappropriate arguments and some physical altercations in the presence of the children, but most serious allegations of physical abuse were not proved on the balance of probabilities due to lack of independent or contemporaneous evidence. The father's behaviour since April 2020 constituted a campaign of controlling and coercive conduct against the mother, including emotionally abusive conduct towards the children by denigrating the mother and attempting to alienate them. The father's persistent, unsupported allegations and use of proceedings to abuse the mother were found to be emotionally harmful and controlling. The mother was found to have...

Court Disposition

Findings of fact made; most serious allegations not proved; father's conduct found to be controlling and emotionally abusive; further welfare hearing required to determine child arrangements.

Orders

  • Findings of fact as set out in the judgment
  • Father's contact to remain supervised pending welfare determination