A Child (Application of PD12J) (No 2 - Findings of Fact) [2022] EWFC B5 (12 January 2022)

A Child (Application of PD12J) (No 2 - Findings of Fact) [2022] EWFC B5 (12 January 2022)

The court must determine, on the balance of probabilities, whether the mother's allegations of domestic and sexual abuse and controlling behaviour by the father are substantiated, and whether the children were exposed to harm, in order to inform future child arrangements and protective measures.

Citation
[2022] EWFC B5
Parties
Respondent: Mother; Applicant: Father; Subject Children: Children (A, B, C)
Jurisdiction
England and Wales
Judgment Date
12 January 2022
Procedural Posture
Family Law Child Arrangements and Domestic Abuse / Post Appeal Fact Finding Hearing
Outcome
Fact-finding judgment delivered; findings reserved for subsequent welfare determination.
Legal Topics
Fact Finding Hearing, Domestic Abuse Allegations, Child Arrangements, Parental Responsibility, Non Molestation, Coercive Control
Family Law Child Protection Domestic Abuse Fact Finding Hearing Domestic Abuse Allegations Child Arrangements Parental Responsibility Non Molestation +1 more

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Parties

Mother

Respondent

Father

Applicant

Children (A, B, C)

Subject Children

Procedural Posture

Family Law Child Arrangements and Domestic Abuse / Post Appeal Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother is a victim of domestic abuse by the father, including sexual abuse and coercive control
  2. 2 Whether the children were exposed to abuse or physical chastisement by the father
  3. 3 Whether the mother's removal of the children was justified or based on false/exaggerated allegations

Ratio Decidendi

The court must determine, on the balance of probabilities, whether the mother's allegations of domestic and sexual abuse and controlling behaviour by the father are substantiated, and whether the children were exposed to harm, in order to inform future child arrangements and protective measures.

Court Disposition

Fact-finding judgment delivered; findings reserved for subsequent welfare determination.