M v F & Anor [2025] EWFC 150 (B) (18 May 2025)

M v F & Anor [2025] EWFC 150 (B) (18 May 2025)

The court found, on the balance of probabilities, that the mother demonstrated an unreasonably high level of anxiety and control over T's environment, leading to emotional harm. The mother's approach included excessive medical interventions, hypervigilance, and a lack of insight into the impact of her behaviour on T. The court found the mother's evidence to be, at times, exaggerated and dishonest, particularly regarding allegations against the father. The father's evidence was accepted as generally credible, with some exaggeration acknowledged. The expert evidence was found unreliable and was not determinative. The welfare of T required that he remain in the father's care, with supervised...

Citation
[2025] EWFC 150 (B)
Parties
Applicant: M; First Respondent: F; Second Respondent: T (by his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
18 May 2025
Procedural Posture
Family Law Child Arrangements / Final Fact Finding Judgment After Contested Hearing
Outcome
Application dismissed in respect of the mother's primary case; findings made against the mother as to emotional harm and lack of insight; child to remain living with father.
Legal Topics
Child Arrangements, Parental Responsibility, Welfare of the Child, Fact Finding Hearing, Allegations of Harm, Expert Evidence
Family Law Child Law Child Arrangements Parental Responsibility Welfare of the Child Fact Finding Hearing Allegations of Harm Expert Evidence

Case Brief

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Parties

M

Applicant

F

First Respondent

T (by his Children's Guardian)

Second Respondent

Procedural Posture

Family Law Child Arrangements / Final Fact Finding Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother's parenting style and conduct caused or risked significant harm to the child T
  2. 2 Whether the father's allegations against the mother were substantiated
  3. 3 Whether the mother's allegations against the father, including of sexual abuse, were substantiated

Ratio Decidendi

The court found, on the balance of probabilities, that the mother demonstrated an unreasonably high level of anxiety and control over T's environment, leading to emotional harm. The mother's approach included excessive medical interventions, hypervigilance, and a lack of insight into the impact of her behaviour on T. The court found the mother's evidence to be, at times, exaggerated and dishonest, particularly regarding allegations against the father. The father's evidence was accepted as generally credible, with some exaggeration acknowledged. The expert evidence was found unreliable and was not determinative. The welfare of T required that he remain in the father's care, with supervised...

Court Disposition

Application dismissed in respect of the mother's primary case; findings made against the mother as to emotional harm and lack of insight; child to remain living with father.

Orders

  • T to remain living with the father.
  • Mother to have supervised contact with T.