MI v AA [2025] EWFC 487 (B) (29 December 2025)

MI v AA [2025] EWFC 487 (B) (29 December 2025)

On the balance of probabilities, the court finds that the respondent father either directly committed or instructed others to commit the incidents of criminal damage and harassment against the applicant mother and her family, motivated by frustration over contact arrangements. The evidence, though circumstantial and reliant on identification by mannerisms, is sufficient when considered holistically with the father's conduct, lack of credible alternative explanations, and pattern of events. The court does not accept the father's explanations or alibi evidence as reliable. Direct contact is not in the child's best interests; only indirect contact is appropriate at this stage.

Citation
[2025] EWFC 487 (B)
Parties
Applicant: MI; Respondent: AA
Jurisdiction
England and Wales
Judgment Date
29 December 2025
Procedural Posture
Family Law Children Act Proceedings (child Arrangements, Non Molestation, Findings of Fact) / Post Finding of Fact Hearing, Judgment on Allegations and Contact Arrangements
Outcome
Findings of fact made against the respondent father; application for permission to appeal refused.
Legal Topics
Child Arrangements Order, Non Molestation Order, Finding of Fact, Domestic Abuse Allegations, Contact Supervision, Restraining Order, Criminal Damage, Standard of Proof (balance of Probabilities), Section 91(14) Children Act 1989
Family Law Child Law Domestic Abuse Child Arrangements Order Non Molestation Order Finding of Fact Domestic Abuse Allegations Contact Supervision +4 more

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Parties

MI

Applicant

AA

Respondent

Procedural Posture

Family Law Children Act Proceedings (child Arrangements, Non Molestation, Findings of Fact) / Post Finding of Fact Hearing, Judgment on Allegations and Contact Arrangements

Legal Issues

  1. 1 Whether the respondent father was responsible for incidents of criminal damage and harassment against the applicant mother and her family
  2. 2 Whether direct contact between the child and the father is in the child's best interests
  3. 3 Whether the evidence meets the civil standard of proof for findings of fact in family proceedings

Ratio Decidendi

On the balance of probabilities, the court finds that the respondent father either directly committed or instructed others to commit the incidents of criminal damage and harassment against the applicant mother and her family, motivated by frustration over contact arrangements. The evidence, though circumstantial and reliant on identification by mannerisms, is sufficient when considered holistically with the father's conduct, lack of credible alternative explanations, and pattern of events. The court does not accept the father's explanations or alibi evidence as reliable. Direct contact is not in the child's best interests; only indirect contact is appropriate at this stage.

Court Disposition

Findings of fact made against the respondent father; application for permission to appeal refused.

Orders

  • Direct contact between the child and the father is not to take place; only indirect contact and monthly updates for two years.
  • A prohibited steps order and a section 91(14) direction are made for two years.