T v C [2014] EWCC B64 (Fam) (11 April 2014)

T v C [2014] EWCC B64 (Fam) (11 April 2014)

The court found, on the balance of probabilities, that the respondent engaged in a sustained pattern of controlling, abusive, and violent behaviour towards the applicant and children, breached a non-molestation order (as proven by criminal conviction), and failed to properly supervise and protect the children, resulting in unexplained injuries to a child. The respondent's absence, lack of evidence, and the credibility of the applicant and her witnesses supported these findings.

Citation
[2014] EWCC B64 (Fam)
Parties
Applicant: RT; Respondent: PC
Jurisdiction
England and Wales
Judgment Date
11 April 2014
Procedural Posture
Family Law Fact Finding Hearing / Judgment After Fact Finding Hearing
Outcome
Findings of fact made against the respondent; contact with children restricted.
Legal Topics
Fact Finding, Non Molestation Order, Domestic Abuse, Child Neglect, Contact Arrangements
Family Law Child Protection Domestic Violence Fact Finding Non Molestation Order Domestic Abuse Child Neglect Contact Arrangements

Case Brief

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Parties

RT

Applicant

PC

Respondent

Procedural Posture

Family Law Fact Finding Hearing / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the respondent (father) committed acts of domestic violence and abuse against the applicant (mother) and children
  2. 2 Whether the respondent breached a non-molestation order
  3. 3 Whether the respondent failed to supervise and protect the children, resulting in injury

Ratio Decidendi

The court found, on the balance of probabilities, that the respondent engaged in a sustained pattern of controlling, abusive, and violent behaviour towards the applicant and children, breached a non-molestation order (as proven by criminal conviction), and failed to properly supervise and protect the children, resulting in unexplained injuries to a child. The respondent's absence, lack of evidence, and the credibility of the applicant and her witnesses supported these findings.

Court Disposition

Findings of fact made against the respondent; contact with children restricted.

Orders

  • Transcript of judgment to be prepared at public expense for the applicant.
  • No contact between respondent and children except by agreement with the mother and in accordance with Essex Social Services advice.