Q v Y (Fact Finding Hearing)

Q v Y (Fact Finding Hearing)

The mother failed to prove the allegation of inappropriate behaviour on 13 October 2023, which was found to be false. The father was found to have communicated in a demeaning and disrespectful manner and engaged in financially controlling behaviour on at least one occasion, but his conduct did not amount to coercive or controlling behaviour as defined by law. The mother’s unilateral decisions regarding relocation and nursery enrollment were inappropriate given the father’s equal parental responsibility. The welfare of P required permitting the mother to relocate and enrol P in a nursery in the Home Counties, with the father’s contact facilitated by the move.

Parties
Applicant: Q; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
27 August 2025
Procedural Posture
Children Act 1989 Proceedings / Fact Finding Hearing
Outcome
Allegation of inappropriate behaviour on 13 October 2023 dismissed as false; finding of demeaning and financially controlling behaviour by the father; permission granted for mother to relocate and enrol P in nursery; agreement reached on P's name.
Legal Topics
Domestic Abuse, Child Welfare, Relocation, Parental Responsibility, Nursery Enrollment, Change of Name
Family Law Domestic Abuse Child Welfare Relocation Parental Responsibility Nursery Enrollment Change of Name

Case Brief

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Parties

Q

Applicant

Y

Respondent

Procedural Posture

Children Act 1989 Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether the father engaged in coercive and controlling behaviour towards the mother
  2. 2 Whether the father behaved inappropriately on 13 October 2023
  3. 3 Whether the mother should be permitted to relocate with P and enrol her in a nursery

Ratio Decidendi

The mother failed to prove the allegation of inappropriate behaviour on 13 October 2023, which was found to be false. The father was found to have communicated in a demeaning and disrespectful manner and engaged in financially controlling behaviour on at least one occasion, but his conduct did not amount to coercive or controlling behaviour as defined by law. The mother’s unilateral decisions regarding relocation and nursery enrollment were inappropriate given the father’s equal parental responsibility. The welfare of P required permitting the mother to relocate and enrol P in a nursery in the Home Counties, with the father’s contact facilitated by the move.

Court Disposition

Allegation of inappropriate behaviour on 13 October 2023 dismissed as false; finding of demeaning and financially controlling behaviour by the father; permission granted for mother to relocate and enrol P in nursery; agreement reached on P's name.

Orders

  • Mother permitted to relocate to the Home Counties with P and enrol P in a local nursery.
  • Prohibited steps order preventing relocation discharged (paragraph 18 of DDJ Hearne’s order of 14 June 2024).