CL (Fact Finding : Coercive Control) [2020] EWFC 109 (06 November 2020)

CL (Fact Finding : Coercive Control) [2020] EWFC 109 (06 November 2020)

The court found, on the balance of probabilities, that the mother's original allegations of domestic abuse by the father were essentially true, that the mother was a victim of serious domestic abuse, and that the child was at risk of significant harm as a result of the parents' conduct and the mother's inability to...

Source-derived case information.

Citation
[2020] EWFC 109
Parties
Applicant: G Local Authority; 1st Respondent (mother): SC; 2nd Respondent (father): FL; 3rd Respondent (child): CL
Jurisdiction
England and Wales
Judgment Date
06 November 2020
Procedural Posture
Care Proceedings (family Court) / Fact Finding Hearing
Outcome
Threshold for care proceedings established; child to move to maternal aunt under special guardianship assessment.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Emergency Protection Order, Interim Care Order, Special Guardianship
Family Law Child Protection Domestic Abuse Coercive and Controlling Behaviour Emergency Protection Order Interim Care Order Special Guardianship

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Parties

G Local Authority

Applicant

SC

1st Respondent (mother)

FL

2nd Respondent (father)

CL

3rd Respondent (child)

Procedural Posture

Care Proceedings (family Court) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the child CL was at risk of significant harm as defined by the Children Act 1989
  2. 2 Whether the threshold criteria for care proceedings were met
  3. 3 Whether the mother's allegations of domestic abuse against the father were true

Ratio Decidendi

The court found, on the balance of probabilities, that the mother's original allegations of domestic abuse by the father were essentially true, that the mother was a victim of serious domestic abuse, and that the child was at risk of significant harm as a result of the parents' conduct and the mother's inability to protect the child. The threshold for care proceedings was met.

Court Disposition

Threshold for care proceedings established; child to move to maternal aunt under special guardianship assessment.

Orders

  • Child to be placed with maternal aunt.
  • Case to be relisted in 2021 for further welfare assessment.