LKM v NPM

LKM v NPM

The court found, on the balance of probabilities, that the father engaged in emotional abuse of the mother and children through obsessive, anxious, and rigid behaviour, dictatorial and physically abusive conduct towards the boys, and at least one incident of physical force against the mother. The mother did not alienate the children from the father. The father's behaviour poses a risk of emotional and physical harm to the children outside supervised contact until addressed.

Parties
Applicant: LKM; Respondent: NPM
Jurisdiction
England and Wales
Judgment Date
15 July 2022
Procedural Posture
Child Arrangements Order (children Act 1989) / Fact Finding Hearing
Outcome
Mother's allegations (save sexual abuse) established; father's allegations of alienation not established.
Legal Topics
Domestic Abuse, Child Arrangements, Evidence, Parental Responsibility
Family Law Child Law Domestic Abuse Child Arrangements Evidence Parental Responsibility

Case Brief

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Parties

LKM

Applicant

NPM

Respondent

Procedural Posture

Child Arrangements Order (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the father engaged in domestic abuse against the mother and children
  2. 2 Whether the mother alienated the children from the father
  3. 3 Reliability and admissibility of evidence including diaries and expert reports

Ratio Decidendi

The court found, on the balance of probabilities, that the father engaged in emotional abuse of the mother and children through obsessive, anxious, and rigid behaviour, dictatorial and physically abusive conduct towards the boys, and at least one incident of physical force against the mother. The mother did not alienate the children from the father. The father's behaviour poses a risk of emotional and physical harm to the children outside supervised contact until addressed.

Court Disposition

Mother's allegations (save sexual abuse) established; father's allegations of alienation not established.

Orders

  • Father poses a risk of emotional and physical harm to the children outside supervised contact until he addresses underlying issues.
  • Further psychiatric or psychological assessment recommended before unsupervised contact.