M v F

M v F

The court found, on the balance of probabilities, that F subjected M to abusive and threatening communications, 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 and a desire to control M. M's admissions of physical aggression were credible and occurred in the context of sustained abuse. F's allegations of stalking, harassment, and attempted suicide by M were not proved. The findings raise concerns about F's ability to prioritise A's welfare and his lack of insight into his behaviour.

Parties
Applicant: M; First Respondent: F
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment
Outcome
Findings of fact made; case to proceed to welfare disposal hearing.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Child Arrangements, Fact Finding Hearings, Non Molestation Orders
Family Law Children Law Domestic Abuse Coercive and Controlling Behaviour Child Arrangements Fact Finding Hearings Non Molestation Orders

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Parties

M

Applicant

F

First Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether F subjected M to abusive/harassing communication or behaviour
  2. 2 Whether F committed physical abuse 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 abusive and threatening communications, 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 and a desire to control M. M's admissions of physical aggression were credible and occurred in the context of sustained abuse. F's allegations of stalking, harassment, and attempted suicide by M were not proved. The findings raise concerns about F's ability to prioritise A's welfare and his lack of insight into his behaviour.

Court Disposition

Findings of fact made; case to proceed to welfare disposal hearing.

Orders

  • Findings of abusive, threatening, and coercive behaviour by F against M proved.
  • Findings of physical abuse by F against M (including sexual touching) proved.