M v F [2025] EWFC 114 (B) (29 April 2025)

M v F [2025] EWFC 114 (B) (29 April 2025)

The court found M to be a credible and consistent witness whose evidence was corroborated by contemporaneous police records and the maternal grandmother's statements. F's evidence was inconsistent, lacking credibility, and often contradicted by objective evidence such as police video. The court accepted that F perpetrated physical, emotional, coercive, controlling, and sexual abuse against M over a sustained period, including the incident on 17 November 2020, and that A suffered emotional harm as a result. The findings were made on the balance of probabilities, applying the relevant legal principles and considering the totality of the evidence.

Citation
[2025] EWFC 114 (B)
Parties
Applicant: F; First Respondent: M
Jurisdiction
England and Wales
Judgment Date
29 April 2025
Procedural Posture
Children Act Proceedings (fact Finding Hearing) / Fact Finding Hearing Before Final Welfare Determination
Outcome
Findings of fact made: F perpetrated physical, emotional, coercive, controlling, and sexual abuse against M; A suffered emotional harm as a result.
Legal Topics
Domestic Abuse, Fact Finding Hearing, Child Arrangements Order, Coercive and Controlling Behaviour, Physical Abuse, Sexual Abuse, Emotional Abuse
Family Law Domestic Abuse Fact Finding Hearing Child Arrangements Order Coercive and Controlling Behaviour Physical Abuse Sexual Abuse Emotional Abuse

Case Brief

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Parties

F

Applicant

M

First Respondent

Procedural Posture

Children Act Proceedings (fact Finding Hearing) / Fact Finding Hearing Before Final Welfare Determination

Legal Issues

  1. 1 Whether F perpetrated physical, emotional, coercive, controlling, and sexual abuse against M between 2004 and 2020
  2. 2 Whether the allegations of domestic abuse are proved on the balance of probabilities
  3. 3 Impact of findings on child arrangements for A

Ratio Decidendi

The court found M to be a credible and consistent witness whose evidence was corroborated by contemporaneous police records and the maternal grandmother's statements. F's evidence was inconsistent, lacking credibility, and often contradicted by objective evidence such as police video. The court accepted that F perpetrated physical, emotional, coercive, controlling, and sexual abuse against M over a sustained period, including the incident on 17 November 2020, and that A suffered emotional harm as a result. The findings were made on the balance of probabilities, applying the relevant legal principles and considering the totality of the evidence.

Court Disposition

Findings of fact made: F perpetrated physical, emotional, coercive, controlling, and sexual abuse against M; A suffered emotional harm as a result.

Orders

  • Findings to be taken into account at the final welfare hearing regarding child arrangements for A.
  • A to continue to spend time with F on a supervised basis pending final determination.