A (a child), Re

A (a child), Re

F did not engage in a pattern of coercive or controlling behaviour towards M. While F was emotionally detached, apathetic, and at times verbally and physically aggressive during the breakdown of the marriage, his conduct did not amount to coercive or controlling behaviour. Some specific incidents of temper, threats, and sexual misconduct were proven, but not as a sustained pattern of abuse. M did not exert controlling or coercive behaviour towards F. The findings do not support a restriction of F's contact with A on the basis of coercive or controlling behaviour.

Parties
Applicant: M; Respondent: F
Jurisdiction
England and Wales
Judgment Date
19 November 2024
Procedural Posture
Children Act and Family Law Act Proceedings / Fact Finding Judgment
Outcome
Findings of fact made; no finding of coercive or controlling behaviour; specific incidents of temper and sexual misconduct found.
Legal Topics
Coercive and Controlling Behaviour, Domestic Abuse, Child Arrangements, Sexual Abuse Allegations, Fact Finding Hearings
Family Law Child Law Coercive and Controlling Behaviour Domestic Abuse Child Arrangements Sexual Abuse Allegations Fact Finding Hearings

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Parties

M

Applicant

F

Respondent

Procedural Posture

Children Act and Family Law Act Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether F engaged in coercive or controlling behaviour towards M
  2. 2 Whether F committed acts of physical, emotional, financial, or sexual abuse against M
  3. 3 Whether M engaged in abusive behaviour towards F

Ratio Decidendi

F did not engage in a pattern of coercive or controlling behaviour towards M. While F was emotionally detached, apathetic, and at times verbally and physically aggressive during the breakdown of the marriage, his conduct did not amount to coercive or controlling behaviour. Some specific incidents of temper, threats, and sexual misconduct were proven, but not as a sustained pattern of abuse. M did not exert controlling or coercive behaviour towards F. The findings do not support a restriction of F's contact with A on the basis of coercive or controlling behaviour.

Court Disposition

Findings of fact made; no finding of coercive or controlling behaviour; specific incidents of temper and sexual misconduct found.

Orders

  • Findings of fact scheduled to the order; further submissions invited if M wishes to pursue outstanding applications.