Q v Y (Fact Finding Hearing) [2025] EWFC 270 (B) (19 August 2025)

Q v Y (Fact Finding Hearing) [2025] EWFC 270 (B) (19 August 2025)

The court found the mother's allegation regarding the 13 October 2023 incident to be false and not supported by evidence. The court found the father had communicated in a demeaning and disrespectful manner and had on at least one occasion engaged in financially coercive behaviour, but did not find a pattern of controlling or coercive behaviour amounting to domestic abuse. The court determined it was in P's welfare interests to allow the mother to relocate to the Home Counties and enrol P in a nursery there, and ordered that P's name be as agreed by the parties.

Citation
[2025] EWFC 270 (B)
Parties
Applicant: Q; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
19 August 2025
Procedural Posture
Children Act 1989 Private Law Proceedings / Fact Finding Hearing and Determination of Relocation/nursery Application
Outcome
Mother permitted to relocate with P to the Home Counties and enrol P in a nursery; part of the prohibited steps order preventing relocation discharged; P's name to be as agreed by the parties; allegations of domestic abuse largely not proved except for one instance of financially coercive behaviour.
Legal Topics
Fact Finding Hearing, Domestic Abuse Allegations, Relocation of Child, Parental Responsibility, Prohibited Steps Order, Nursery Enrolment, Change of Child's Name
Family Law Fact Finding Hearing Domestic Abuse Allegations Relocation of Child Parental Responsibility Prohibited Steps Order Nursery Enrolment Change of Child's Name

Case Brief

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Parties

Q

Applicant

Y

Respondent

Procedural Posture

Children Act 1989 Private Law Proceedings / Fact Finding Hearing and Determination of Relocation/nursery Application

Legal Issues

  1. 1 Whether the father engaged in coercive and/or 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 court found the mother's allegation regarding the 13 October 2023 incident to be false and not supported by evidence. The court found the father had communicated in a demeaning and disrespectful manner and had on at least one occasion engaged in financially coercive behaviour, but did not find a pattern of controlling or coercive behaviour amounting to domestic abuse. The court determined it was in P's welfare interests to allow the mother to relocate to the Home Counties and enrol P in a nursery there, and ordered that P's name be as agreed by the parties.

Court Disposition

Mother permitted to relocate with P to the Home Counties and enrol P in a nursery; part of the prohibited steps order preventing relocation discharged; P's name to be as agreed by the parties; allegations of domestic abuse largely not proved except for one instance of financially coercive behaviour.

Orders

  • Mother permitted to relocate with P to the Home Counties
  • Mother permitted to enrol P in a local nursery