L v D [2025] EWFC 516 (B) (04 December 2025)

L v D [2025] EWFC 516 (B) (04 December 2025)

On the balance of probabilities, the court found some of the mother's allegations of domestic abuse proven (notably, physical and controlling behaviour by the father), and some not proven. The court also found one of the father's cross-allegations proven (physical harm by the mother), but most not proven. Both parties were found to have engaged in volatile, mutually harmful conduct. The credibility of both parties was undermined by inconsistencies and evasiveness. The findings will inform the welfare evaluation for the child, but the court did not make final orders on contact or parental responsibility in this judgment.

Citation
[2025] EWFC 516 (B)
Parties
Applicant: Mr L; Respondent: Ms D
Jurisdiction
England and Wales
Judgment Date
04 December 2025
Procedural Posture
Private Law Children Proceedings (fact Finding Hearing) / Judgment After Three Day Fact Finding Hearing
Outcome
Findings of fact made; some allegations of domestic abuse proven, others not proven. No final order on contact or parental responsibility at this stage.
Legal Topics
Domestic Abuse, Child Arrangements Order, Parental Responsibility, Specific Issue Order, Prohibited Steps Order, Fact Finding Hearing, Practice Direction 12 J, Welfare of the Child
Family Law Domestic Abuse Child Arrangements Order Parental Responsibility Specific Issue Order Prohibited Steps Order Fact Finding Hearing Practice Direction 12 J +1 more

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Parties

Mr L

Applicant

Ms D

Respondent

Procedural Posture

Private Law Children Proceedings (fact Finding Hearing) / Judgment After Three Day Fact Finding Hearing

Legal Issues

  1. 1 Whether allegations of domestic abuse by each party are proven on the balance of probabilities
  2. 2 Whether the welfare of the child is impacted by the conduct of either parent
  3. 3 Whether the applicant should have contact with the child and/or parental responsibility

Ratio Decidendi

On the balance of probabilities, the court found some of the mother's allegations of domestic abuse proven (notably, physical and controlling behaviour by the father), and some not proven. The court also found one of the father's cross-allegations proven (physical harm by the mother), but most not proven. Both parties were found to have engaged in volatile, mutually harmful conduct. The credibility of both parties was undermined by inconsistencies and evasiveness. The findings will inform the welfare evaluation for the child, but the court did not make final orders on contact or parental responsibility in this judgment.

Court Disposition

Findings of fact made; some allegations of domestic abuse proven, others not proven. No final order on contact or parental responsibility at this stage.

Orders

  • Findings of fact as set out in the judgment to be recorded in the schedule of findings.
  • Directions for further case management to be given at a subsequent hearing.