X, Y and Z (Children) (Domestic Abuse), Re

X, Y and Z (Children) (Domestic Abuse), Re

The court found M's allegations of physical, emotional, and financial abuse by F not proven due to inconsistencies, lack of corroboration, and unreliable evidence. The only proven findings were frequent loud arguments between F and M, occasional pushing, and emotional harm to the children from parental conflict. Allegations of parental alienation by M were not substantiated beyond alignment and affinity with M as primary carer. No physical abuse within children's living memory was established.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
12 August 2025
Procedural Posture
Child Arrangements Order (private Law) / Fact Finding Judgment
Outcome
All allegations of abuse by M against F found not proven; limited findings of emotional harm from parental conflict; no risk of harm from F established.
Legal Topics
Domestic Abuse, Child Arrangements, Parental Alienation, Emotional Harm, Fact Finding Hearings
Family Law Child Welfare Domestic Abuse Child Arrangements Parental Alienation Emotional Harm Fact Finding Hearings

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Parties

F

Applicant

M

Respondent

Procedural Posture

Child Arrangements Order (private Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether allegations of domestic abuse by F against M and the children are proven
  2. 2 Whether allegations of parental alienation by M are proven
  3. 3 Assessment of emotional harm to children

Ratio Decidendi

The court found M's allegations of physical, emotional, and financial abuse by F not proven due to inconsistencies, lack of corroboration, and unreliable evidence. The only proven findings were frequent loud arguments between F and M, occasional pushing, and emotional harm to the children from parental conflict. Allegations of parental alienation by M were not substantiated beyond alignment and affinity with M as primary carer. No physical abuse within children's living memory was established.

Court Disposition

All allegations of abuse by M against F found not proven; limited findings of emotional harm from parental conflict; no risk of harm from F established.

Orders

  • Section 37 report and risk assessment of F to be completed by 30/01/2026
  • Local Authority to consider Guardian appointment for children