JK (A Child), Re (Domestic Abuse: Finding of Fact Hearing)

JK (A Child), Re (Domestic Abuse: Finding of Fact Hearing)

The father perpetrated a pattern of controlling and coercive behaviour against the mother, including physical assaults, financial and social control, and intimidation, amounting to domestic abuse as defined in FPR PD 12J. The mother’s evidence was credible and corroborated by contemporaneous records and video evidence. The father’s denials were unconvincing. The mother did not fabricate allegations or unreasonably restrict contact prior to July 2019. The mother removed JK from Z without the father’s consent due to genuine fear for her and JK’s safety, but this does not excuse the removal.

Parties
Applicant: FG; First Respondent: HI; Second Respondent: JK (through her Guardian)
Jurisdiction
England and Wales
Judgment Date
21 May 2021
Procedural Posture
Wardship/child Arrangements (family) / Fact Finding Judgment
Outcome
Findings of fact made; directions for further orders regarding child arrangements and contact.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Child Arrangements, Fact Finding Hearings
Family Law Child Law Domestic Abuse Coercive and Controlling Behaviour Child Arrangements Fact Finding Hearings

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Parties

FG

Applicant

HI

First Respondent

JK (through her Guardian)

Second Respondent

Procedural Posture

Wardship/child Arrangements (family) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father perpetrated domestic abuse, including coercive and controlling behaviour, against the mother during the marriage
  2. 2 Whether the father physically assaulted the mother and/or the child JK
  3. 3 Whether the mother fabricated allegations or unreasonably restricted the father's contact with JK

Ratio Decidendi

The father perpetrated a pattern of controlling and coercive behaviour against the mother, including physical assaults, financial and social control, and intimidation, amounting to domestic abuse as defined in FPR PD 12J. The mother’s evidence was credible and corroborated by contemporaneous records and video evidence. The father’s denials were unconvincing. The mother did not fabricate allegations or unreasonably restrict contact prior to July 2019. The mother removed JK from Z without the father’s consent due to genuine fear for her and JK’s safety, but this does not excuse the removal.

Court Disposition

Findings of fact made; directions for further orders regarding child arrangements and contact.

Orders

  • Findings of fact as set out in the judgment
  • JK to remain in the care of the mother in England