F v M
The Deputy District Judge erred by excluding the allegation of non-consensual sexual touching from the fact-finding hearing, as it should have been considered as part of an alleged pattern of controlling and coercive behaviour relevant to the assessment of risk to the child. The exclusion was wrong in law and contrary to established principles for handling domestic abuse allegations in family proceedings.
- Parties
- Appellant: M; Respondent: F
- Jurisdiction
- England and Wales
- Judgment Date
- 17 February 2022
- Procedural Posture
- Family Appeal / Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Domestic Abuse, Fact Finding Hearings, Case Management, Child Arrangements, Controlling and Coercive Behaviour
Case Brief
Summary, issues, holding and outcome
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Parties
M
Appellant
F
Respondent
Procedural Posture
Family Appeal / Appeal Judgment
Legal Issues
- 1 Whether the Deputy District Judge erred in excluding the allegation of non-consensual sexual touching from the fact-finding hearing
- 2 Whether the exclusion affected the assessment of risk to the child
Ratio Decidendi
The Deputy District Judge erred by excluding the allegation of non-consensual sexual touching from the fact-finding hearing, as it should have been considered as part of an alleged pattern of controlling and coercive behaviour relevant to the assessment of risk to the child. The exclusion was wrong in law and contrary to established principles for handling domestic abuse allegations in family proceedings.
Court Disposition
Appeal allowed
Orders
- The allegation of non-consensual sexual touching to be determined at the fact-finding hearing.
- Narrative statements to be provided by each parent as directed.
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