M v F [2024] EWFC 5 (B) (19 January 2024)

M v F [2024] EWFC 5 (B) (19 January 2024)

The court found, on the balance of probabilities, that F subjected M to a course of abusive and harassing communication, physical abuse (including sexual touching), and coercive and controlling behaviour. F's actions were not justified by concern for A but were motivated by jealousy, a desire for control, and disregard for M's and A's welfare. M's admissions of limited physical violence were credible and contextualised as responses to sustained abuse. F's allegations of stalking, harassment, and attempted suicide by M were not proved. The findings will inform the welfare stage of proceedings regarding child arrangements and risk.

Citation
[2024] EWFC 5 (B)
Parties
Applicant: M; First Respondent: F
Jurisdiction
England and Wales
Judgment Date
19 January 2024
Procedural Posture
Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment Prior to Welfare Disposal
Outcome
Findings made against F of abusive, threatening, and coercive behaviour; findings against M limited to two incidents of physical violence contextualised as responses to abuse; F's allegations of stalking, harassment, and attempted suicide by M not proved.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Fact Finding Hearings, Child Arrangements, Non Molestation Orders
Family Law Child Law Domestic Abuse Coercive and Controlling Behaviour Fact Finding Hearings Child Arrangements Non Molestation Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

M

Applicant

F

First Respondent

Procedural Posture

Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment Prior to Welfare Disposal

Legal Issues

  1. 1 Whether F subjected M to abusive/harassing communication or behaviour
  2. 2 Whether F physically abused M, including sexual touching
  3. 3 Whether F engaged in controlling or coercive behaviour

Ratio Decidendi

The court found, on the balance of probabilities, that F subjected M to a course of abusive and harassing communication, physical abuse (including sexual touching), and coercive and controlling behaviour. F's actions were not justified by concern for A but were motivated by jealousy, a desire for control, and disregard for M's and A's welfare. M's admissions of limited physical violence were credible and contextualised as responses to sustained abuse. F's allegations of stalking, harassment, and attempted suicide by M were not proved. The findings will inform the welfare stage of proceedings regarding child arrangements and risk.

Court Disposition

Findings made against F of abusive, threatening, and coercive behaviour; findings against M limited to two incidents of physical violence contextualised as responses to abuse; F's allegations of stalking, harassment, and attempted suicide by M not proved.

Orders

  • Case to be timetabled to welfare disposal hearing to determine child arrangements and risk.