MM v FF [2022] EWFC 205 (11 August 2022)

MM v FF [2022] EWFC 205 (11 August 2022)

The court found, on the balance of probabilities, that the father wrongfully removed AM from Pakistan without the mother's consent, wrongfully terminated contact, and engaged in domestic abuse and coercive controlling behaviour. The father's allegations regarding the mother's alleged sex work and relationship with D...

Source-derived case information.

Citation
[2022] EWFC 205
Parties
Applicant: MM; Respondent: FF
Jurisdiction
England and Wales
Judgment Date
11 August 2022
Procedural Posture
Family Law Inherent Jurisdiction Application / Fact Finding Hearing
Outcome
Findings of fact made in favour of the mother on key disputed issues; no final orders on AM's return pending welfare analysis.
Legal Topics
Inherent Jurisdiction, Child Return Applications, Fact Finding, Domestic Abuse Allegations, Coercive Control, Contact Arrangements, Asylum Overlap
Family Law International Child Abduction Domestic Abuse Inherent Jurisdiction Child Return Applications Fact Finding Domestic Abuse Allegations Coercive Control +2 more

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Summary, issues, holding and outcome

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Parties

MM

Applicant

FF

Respondent

Procedural Posture

Family Law Inherent Jurisdiction Application / Fact Finding Hearing

Legal Issues

  1. 1 Whether AM was wrongfully removed from Pakistan by the father
  2. 2 Whether the father wrongfully terminated contact between AM and her mother
  3. 3 Whether the father perpetrated physical, verbal, emotional abuse and coercive controlling behaviour

Ratio Decidendi

The court found, on the balance of probabilities, that the father wrongfully removed AM from Pakistan without the mother's consent, wrongfully terminated contact, and engaged in domestic abuse and coercive controlling behaviour. The father's allegations regarding the mother's alleged sex work and relationship with D were not substantiated and were based on speculation and malicious gossip. The mother was found to be credible on the majority of disputed issues, and the grandmother's evidence corroborated key aspects. The father exercised significant power and control in the relationship and over AM's contact with her mother.

Court Disposition

Findings of fact made in favour of the mother on key disputed issues; no final orders on AM's return pending welfare analysis.

Orders

  • Fact-finding hearing concluded; CAFCASS to prepare addendum report post-judgment; AM to continue living with father and spend indirect time with mother pending welfare determination.