MS v HW & Anor [2025] EWFC 267 (11 February 2025)

MS v HW & Anor [2025] EWFC 267 (11 February 2025)

The court found, on the balance of probabilities, that the father subjected the mother to a pattern of coercive and controlling behaviour, including verbal, sexual, psychological, and financial abuse, as well as physical assaults and manipulative conduct intended to undermine the mother's autonomy and credibility. The father's behaviour was found to have caused distress and humiliation to the mother, and posed risks to the welfare of the child, A. The court determined that the father's conduct justified reconsideration of contact arrangements and warranted further welfare assessment.

Citation
[2025] EWFC 267
Parties
Applicant: MS; 1st Respondent: HW; 2nd Respondent: AW (by her Child's Guardian)
Jurisdiction
England and Wales
Judgment Date
11 February 2025
Procedural Posture
Family Law Child Arrangements / Fact Finding Judgment
Outcome
Findings of fact made against the father; further welfare hearing to be listed.
Legal Topics
Coercive and Controlling Behaviour, Parental Alienation, Contact Orders, Fact Finding Hearings, Domestic Abuse Allegations
Family Law Child Welfare Domestic Abuse Coercive and Controlling Behaviour Parental Alienation Contact Orders Fact Finding Hearings Domestic Abuse Allegations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MS

Applicant

HW

1st Respondent

AW (by her Child's Guardian)

2nd Respondent

Procedural Posture

Family Law Child Arrangements / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father subjected the mother to domestic abuse including coercive and controlling behaviour
  2. 2 Whether the father's conduct impacted the welfare of the child, A
  3. 3 Whether the mother exaggerated the effects of the father's behaviour

Ratio Decidendi

The court found, on the balance of probabilities, that the father subjected the mother to a pattern of coercive and controlling behaviour, including verbal, sexual, psychological, and financial abuse, as well as physical assaults and manipulative conduct intended to undermine the mother's autonomy and credibility. The father's behaviour was found to have caused distress and humiliation to the mother, and posed risks to the welfare of the child, A. The court determined that the father's conduct justified reconsideration of contact arrangements and warranted further welfare assessment.

Court Disposition

Findings of fact made against the father; further welfare hearing to be listed.

Orders

  • Schedule of findings attached to order; parties to prepare witness statements addressing welfare of the child; welfare hearing listed for mid-March 2025; previous schedule of findings set aside by consent.