SM v PM

SM v PM

The mother proved on the balance of probabilities that the father subjected her to coercive control, physical, emotional, and sexual abuse throughout the marriage, and to a lesser extent abused the children. The father's allegations against the mother were not proved. The mother abducted the children from the jurisdiction, but her actions were precipitated by credible threats and abuse from the father.

Parties
Applicant: SM; Respondent: PM
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Fact Finding Judgment
Outcome
Mother's allegations of abuse proved; father's allegations not proved; finding of admitted child abduction by mother.
Legal Topics
Domestic Abuse, Child Abduction, Coercive Control, Physical Abuse, Sexual Abuse, Financial Control, Child Arrangements, Jurisdiction
Family Law Domestic Abuse Child Abduction Coercive Control Physical Abuse Sexual Abuse Financial Control Child Arrangements +1 more

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Parties

SM

Applicant

PM

Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether the mother was subjected to domestic abuse by the father
  2. 2 Whether the father was subjected to abuse by the mother
  3. 3 Whether the mother abducted the children from the jurisdiction

Ratio Decidendi

The mother proved on the balance of probabilities that the father subjected her to coercive control, physical, emotional, and sexual abuse throughout the marriage, and to a lesser extent abused the children. The father's allegations against the mother were not proved. The mother abducted the children from the jurisdiction, but her actions were precipitated by credible threats and abuse from the father.

Court Disposition

Mother's allegations of abuse proved; father's allegations not proved; finding of admitted child abduction by mother.