M v F [2024] EWFC 55 (B) (13 March 2024)

M v F [2024] EWFC 55 (B) (13 March 2024)

M's allegations of physical, emotional, psychological abuse and coercive control by F are proved on the balance of probabilities. F subjected M and A to significant domestic abuse, failed to co-parent A safely, and made threats to remove A from the jurisdiction. F's allegation that M prevented A from having a relationship with him is not proved; M facilitated contact and F's own refusal to participate prevented contact.

Citation
[2024] EWFC 55 (B)
Parties
Applicant: M; First Respondent: F
Jurisdiction
England and Wales
Judgment Date
13 March 2024
Procedural Posture
Children Act Proceedings Fact Finding Hearing / Post Fact Finding Judgment
Outcome
Findings made in favour of M; F's allegations not proved.
Legal Topics
Domestic Abuse, Child Arrangements, Coercive Control, Parental Alienation, Prohibited Steps Order
Family Law Domestic Abuse Child Arrangements Coercive Control Parental Alienation Prohibited Steps Order

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Parties

M

Applicant

F

First Respondent

Procedural Posture

Children Act Proceedings Fact Finding Hearing / Post Fact Finding Judgment

Legal Issues

  1. 1 Whether F subjected M to physical, emotional, psychological abuse and coercive control
  2. 2 Whether F threatened to remove A from the jurisdiction
  3. 3 Whether F emotionally abused A

Ratio Decidendi

M's allegations of physical, emotional, psychological abuse and coercive control by F are proved on the balance of probabilities. F subjected M and A to significant domestic abuse, failed to co-parent A safely, and made threats to remove A from the jurisdiction. F's allegation that M prevented A from having a relationship with him is not proved; M facilitated contact and F's own refusal to participate prevented contact.

Court Disposition

Findings made in favour of M; F's allegations not proved.

Orders

  • Practice Direction 12J applies; consideration for CAFCASS section 7 report and potential section 91(14) order; Prohibited Steps Order continues; further directions to be made in welfare proceedings.