MZA v FHB (No 2) (private law - fact-find)
The court found, on a balance of probabilities, that the father engaged in a sustained pattern of physical, emotional, psychological, financial, and litigation abuse against the mother and children, amounting to coercive and controlling behaviour. The evidence established that the father's conduct justified extension of the non-molestation order and required safeguarding measures for child contact.
- Parties
- Applicant: MZA; Respondent: FHB
- Jurisdiction
- England and Wales
- Judgment Date
- 09 February 2025
- Procedural Posture
- Family Law Private Law Children and Non Molestation Order / Fact Finding Judgment
- Outcome
- Findings of abuse proved against the father; extension of non-molestation order granted.
- Legal Topics
- Coercive and Controlling Behaviour, Non Molestation Orders, Child Arrangements, Financial Abuse, Credibility Assessment, Practice Direction 12 J
Case Brief
Summary, issues, holding and outcome
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Parties
MZA
Applicant
FHB
Respondent
Procedural Posture
Family Law Private Law Children and Non Molestation Order / Fact Finding Judgment
Legal Issues
- 1 Whether the father engaged in physical, emotional, psychological, financial, and litigation abuse against the mother and children
- 2 Whether the father's conduct constituted coercive and controlling behaviour under the Domestic Abuse Act 2021
- 3 Whether the non-molestation order should be extended
Ratio Decidendi
The court found, on a balance of probabilities, that the father engaged in a sustained pattern of physical, emotional, psychological, financial, and litigation abuse against the mother and children, amounting to coercive and controlling behaviour. The evidence established that the father's conduct justified extension of the non-molestation order and required safeguarding measures for child contact.
Court Disposition
Findings of abuse proved against the father; extension of non-molestation order granted.
Orders
- Non-molestation order extended for 12 months
- Directions for safeguarding in child contact arrangements
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