M v F [2024] EWFC 310 (B) (31 October 2024)

The court found M's allegations against F unproven and not credible, with evidence showing M led A to make allegations and exposed A to her negative views of F, causing emotional harm and disrupting the father-child relationship. F did not inappropriately touch A or act as alleged. M's actions amounted to inappropriate frustration of contact and emotional harm to A.

Citation: [2024] EWFC 310 (B)
Parties: Applicant: M; First Respondent: F
Jurisdiction: England and Wales
Judgment Date: 31 October 2024
Procedural Posture: Children Act Proceedings (fact Finding Hearing) / Fact Finding Judgment Following Contested Hearing
Outcome: All allegations by M against F dismissed; F's allegation of frustrated contact by M proved.
Legal Topics: Fact Finding Hearings, Child Arrangements, Allegations of Harm, Parental Alienation, Standard of Proof, Emotional Harm

Family Law Child Law Fact Finding Hearings Child Arrangements Allegations of Harm Parental Alienation Standard of Proof Emotional Harm

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

First Respondent

Procedural Posture

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

Legal Issues

1 Whether F inappropriately touched A in a sexual manner
2 Whether F told A not to tell anyone and called it 'his special little game'
3 Whether M frustrated F's contact with A without reasonable excuse

Ratio Decidendi

Court Disposition

All allegations by M against F dismissed; F's allegation of frustrated contact by M proved.

Orders

Findings of fact as set out in the judgment; matter to proceed to welfare stage for determination of child arrangements.