A (A Minor : Fact Finding; Unrepresented Party)

A (A Minor : Fact Finding; Unrepresented Party)

The court found, on the balance of probabilities, that the father was short-tempered, domineering, and cold towards the mother from the start of the marriage; that his behaviour escalated to frequent physical violence and threats, causing the mother to fear for her life and eroding her self-esteem; that the parental conflict was not hidden from the child, who was also verbally chastised and, on occasion, locked in a washroom by the father; and that the father's conduct amounted to domestic abuse, justifying the mother's actions and supporting the grant of refugee status. The process of cross-examination by the unrepresented father was found to be profoundly unfair and abusive.

Parties
Applicant: F (Father); 1st Respondent: M (Mother); 2nd Respondent: A (Child)
Jurisdiction
England and Wales
Judgment Date
19 May 2017
Procedural Posture
Private Law Family Proceedings (child Arrangements, Fact Finding) / Fact Finding Hearing Following Remittal From Court of Appeal
Outcome
Findings of fact made in favour of the mother and child; father's applications for residence/contact not determined at this stage; recommendations for professional intervention.
Legal Topics
Fact Finding, Child Arrangements, Domestic Abuse, Cross Examination of Vulnerable Witnesses, Wardship, Refugee Status and Family Proceedings
Family Law Child Law Domestic Violence Fact Finding Child Arrangements Domestic Abuse Cross Examination of Vulnerable Witnesses Wardship +1 more

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Parties

F (Father)

Applicant

M (Mother)

1st Respondent

A (Child)

2nd Respondent

Procedural Posture

Private Law Family Proceedings (child Arrangements, Fact Finding) / Fact Finding Hearing Following Remittal From Court of Appeal

Legal Issues

  1. 1 Whether the father's conduct towards the mother and child amounted to domestic abuse and posed a risk to the child's welfare
  2. 2 Whether the allegations made by the mother and child against the father were substantiated on the balance of probabilities
  3. 3 Whether the process of cross-examination by an unrepresented alleged perpetrator is fair and appropriate in family proceedings

Ratio Decidendi

The court found, on the balance of probabilities, that the father was short-tempered, domineering, and cold towards the mother from the start of the marriage; that his behaviour escalated to frequent physical violence and threats, causing the mother to fear for her life and eroding her self-esteem; that the parental conflict was not hidden from the child, who was also verbally chastised and, on occasion, locked in a washroom by the father; and that the father's conduct amounted to domestic abuse, justifying the mother's actions and supporting the grant of refugee status. The process of cross-examination by the unrepresented father was found to be profoundly unfair and abusive.

Court Disposition

Findings of fact made in favour of the mother and child; father's applications for residence/contact not determined at this stage; recommendations for professional intervention.

Orders

  • Findings of domestic abuse and harm made against the father.
  • Referral to CAFCASS for Child Contact Intervention to support the family.