JE v TS

JE v TS

The court found, on the balance of probabilities, that the father engaged in a pattern of controlling and coercive behaviour, committed physical abuse (including pushing the mother and throwing objects), and raped the mother on two occasions. The findings were based on the mother's credible and consistent evidence, corroborated by contemporaneous records and the father's lack of credibility, repeated lies, and manipulative conduct. The delay in reporting rape was explained by ongoing coercive control and later realisation through support services. The father's assertions of erectile dysfunction were found to be manufactured to mislead the court. The court concluded that the father's...

Parties
Applicant: JE; Respondent: TS
Jurisdiction
England and Wales
Judgment Date
31 March 2025
Procedural Posture
Private Law Application for Contact (child Arrangements Order) / Finding of Fact Hearing
Outcome
Findings made in respect of all allegations; direction for Cafcass Cymru to prepare a section 7 report.
Legal Topics
Child Arrangements, Contact, Domestic Abuse, Coercive and Controlling Behaviour, Physical Abuse, Sexual Abuse, Rape, Witness Credibility, Hearsay Evidence, Publication of Judgments
Family Law Child Welfare Domestic Abuse Child Arrangements Contact Coercive and Controlling Behaviour Physical Abuse Sexual Abuse +4 more

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Parties

JE

Applicant

TS

Respondent

Procedural Posture

Private Law Application for Contact (child Arrangements Order) / Finding of Fact Hearing

Legal Issues

  1. 1 Whether the father engaged in controlling and coercive behaviour
  2. 2 Whether the father committed physical abuse against the mother
  3. 3 Whether the father committed sexual abuse and rape against the mother

Ratio Decidendi

The court found, on the balance of probabilities, that the father engaged in a pattern of controlling and coercive behaviour, committed physical abuse (including pushing the mother and throwing objects), and raped the mother on two occasions. The findings were based on the mother's credible and consistent evidence, corroborated by contemporaneous records and the father's lack of credibility, repeated lies, and manipulative conduct. The delay in reporting rape was explained by ongoing coercive control and later realisation through support services. The father's assertions of erectile dysfunction were found to be manufactured to mislead the court. The court concluded that the father's...

Court Disposition

Findings made in respect of all allegations; direction for Cafcass Cymru to prepare a section 7 report.

Orders

  • Cafcass Cymru to prepare a section 7 report within eight weeks summarising findings and assessing risk.
  • Summary of findings to be included in court order for Cafcass Cymru's reference.