M v F

M v F

On the balance of probabilities, M proved F subjected her to physical, emotional, psychological abuse and coercive control, made threats to remove A from the jurisdiction, emotionally abused A, and failed to co-parent A to protect her from harm. F did not prove M prevented A from having a relationship with him; the evidence showed M facilitated contact and F’s own conduct prevented contact. F’s behaviour in proceedings was a continuation of his abusive conduct.

Parties
Applicant: M; First Respondent: F
Jurisdiction
England and Wales
Judgment Date
15 March 2024
Procedural Posture
Children Act Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing
Outcome
Findings of fact made in favour of M; all her allegations proved; F’s allegation not proved.
Legal Topics
Domestic Abuse, Child Arrangements, Coercive Control, Parental Alienation, Fact Finding Hearings
Family Law Child Law Domestic Abuse Child Arrangements Coercive Control Parental Alienation Fact Finding Hearings

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Parties

M

Applicant

F

First Respondent

Procedural Posture

Children Act Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether F subjected M to physical, emotional, psychological abuse and coercive control
  2. 2 Whether F made threats to remove A from the jurisdiction
  3. 3 Whether F emotionally abused A and failed to parent A to protect her from harm

Ratio Decidendi

On the balance of probabilities, M proved F subjected her to physical, emotional, psychological abuse and coercive control, made threats to remove A from the jurisdiction, emotionally abused A, and failed to co-parent A to protect her from harm. F did not prove M prevented A from having a relationship with him; the evidence showed M facilitated contact and F’s own conduct prevented contact. F’s behaviour in proceedings was a continuation of his abusive conduct.

Court Disposition

Findings of fact made in favour of M; all her allegations proved; F’s allegation not proved.

Orders

  • Findings of fact as set out in the judgment.
  • Practice Direction 12J to be applied in future welfare proceedings.