MG v SN [2024] EWFC 202 (B) (23 July 2024)

MG v SN [2024] EWFC 202 (B) (23 July 2024)

The mother's allegations of coercive control, rape, sexual assault, threats, and verbal abuse are not proved on the balance of probabilities. The evidence, including contemporaneous WhatsApp messages, police records, and professional reports, does not support the existence of a pattern of coercive or controlling behaviour by the father. The mother's accounts are inconsistent, often confused, and arose during periods of acute mental illness. The father's evidence is consistent, corroborated by documentary evidence, and not contradicted by objective facts. The burden of proof has not been discharged by the mother.

Citation
[2024] EWFC 202 (B)
Parties
Applicant: MG; Respondent: SN
Jurisdiction
England and Wales
Judgment Date
23 July 2024
Procedural Posture
Private Law Family Proceedings (child Arrangements, Prohibited Steps, Fact Finding) / Fact Finding Hearing, Judgment
Outcome
All allegations against the father are not proved. No findings of domestic abuse, coercive control, rape, sexual assault, or threats are made against the father.
Legal Topics
Coercive Control, Fact Finding, Child Arrangements, Domestic Abuse Allegations, Mental Health, Evidentiary Assessment
Family Law Child Law Domestic Abuse Coercive Control Fact Finding Child Arrangements Domestic Abuse Allegations Mental Health +1 more

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Parties

MG

Applicant

SN

Respondent

Procedural Posture

Private Law Family Proceedings (child Arrangements, Prohibited Steps, Fact Finding) / Fact Finding Hearing, Judgment

Legal Issues

  1. 1 Whether the father engaged in coercive control or domestic abuse against the mother
  2. 2 Whether the father committed rape or sexual assault
  3. 3 Whether the father threatened to release intimate videos

Ratio Decidendi

The mother's allegations of coercive control, rape, sexual assault, threats, and verbal abuse are not proved on the balance of probabilities. The evidence, including contemporaneous WhatsApp messages, police records, and professional reports, does not support the existence of a pattern of coercive or controlling behaviour by the father. The mother's accounts are inconsistent, often confused, and arose during periods of acute mental illness. The father's evidence is consistent, corroborated by documentary evidence, and not contradicted by objective facts. The burden of proof has not been discharged by the mother.

Court Disposition

All allegations against the father are not proved. No findings of domestic abuse, coercive control, rape, sexual assault, or threats are made against the father.

Orders

  • No findings made against the father in respect of the mother's allegations.
  • Directions to proceed to welfare stage for child arrangements.