MS v HW & Anor

MS v HW & Anor

The court found that the father subjected the mother to a pattern of domestic abuse, including coercive and controlling behaviour, psychological and some physical abuse, and attempts to undermine her mental health and parenting. The mother was found to have engaged in some retaliatory or tit-for-tat behaviour but not to the extent or seriousness alleged by the father. The court did not find sufficient evidence of parental alienation by the mother. The findings will inform the subsequent welfare hearing regarding child arrangements.

Parties
Applicant: MS; 1st Respondent: HW; 2nd Respondent: AW (by her Child’s Guardian)
Jurisdiction
England and Wales
Judgment Date
09 November 2025
Procedural Posture
Family / Fact Finding Judgment Prior to Welfare Hearing
Outcome
Findings of fact made; matter to proceed to welfare hearing for determination of child arrangements.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Child Arrangements, Contact Orders, Parental Alienation, Fact Finding Hearings
Family Law Child Law Domestic Abuse Coercive and Controlling Behaviour Child Arrangements Contact Orders Parental Alienation Fact Finding Hearings

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Parties

MS

Applicant

HW

1st Respondent

AW (by her Child’s Guardian)

2nd Respondent

Procedural Posture

Family / Fact Finding Judgment Prior to Welfare Hearing

Legal Issues

  1. 1 Whether the father subjected the mother to domestic abuse, including coercive and controlling behaviour
  2. 2 Whether the mother engaged in abusive or alienating behaviour towards the father or child
  3. 3 Assessment of credibility and reliability of parties' evidence

Ratio Decidendi

The court found that the father subjected the mother to a pattern of domestic abuse, including coercive and controlling behaviour, psychological and some physical abuse, and attempts to undermine her mental health and parenting. The mother was found to have engaged in some retaliatory or tit-for-tat behaviour but not to the extent or seriousness alleged by the father. The court did not find sufficient evidence of parental alienation by the mother. The findings will inform the subsequent welfare hearing regarding child arrangements.

Court Disposition

Findings of fact made; matter to proceed to welfare hearing for determination of child arrangements.

Orders

  • Findings of domestic abuse and coercive control by the father against the mother.
  • No findings of parental alienation or significant abuse by the mother against the father.