M v F (Finding of Fact Hearing: Coercive and Controlling behaviour), Re

M v F (Finding of Fact Hearing: Coercive and Controlling behaviour), Re

The court found, on the balance of probabilities, that the father engaged in a pattern of controlling and coercive behaviour towards the mother during the final years of their relationship and post-separation, including psychological manipulation, monitoring, undermining her independence, and harassing her through communications with public bodies and the children. These acts were oppressive, controlling, and psychologically abusive, meeting the definitions in PD12J and relevant case law.

Parties
Applicant: M; Respondent: F
Jurisdiction
England and Wales
Judgment Date
26 March 2024
Procedural Posture
Family / Fact Finding Judgment
Outcome
Findings of fact made against the father for controlling and coercive behaviour; no findings made on certain specific allegations; further case management directions to follow.
Legal Topics
Domestic Abuse, Child Arrangements, Controlling and Coercive Behaviour, Non Molestation Orders, Parental Responsibility

Case Brief

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Parties

M

Applicant

F

Respondent

Procedural Posture

Family / Fact Finding Judgment

  1. 1 Whether the father engaged in controlling and coercive behaviour towards the mother
  2. 2 Whether the father's conduct post-separation constituted further controlling and coercive behaviour
  3. 3 Whether the father's actions caused emotional harm to the children

Ratio Decidendi

The court found, on the balance of probabilities, that the father engaged in a pattern of controlling and coercive behaviour towards the mother during the final years of their relationship and post-separation, including psychological manipulation, monitoring, undermining her independence, and harassing her through communications with public bodies and the children. These acts were oppressive, controlling, and psychologically abusive, meeting the definitions in PD12J and relevant case law.

Court Disposition

Findings of fact made against the father for controlling and coercive behaviour; no findings made on certain specific allegations; further case management directions to follow.