K, Re

K, Re

The court found that neither the allegation of controlling and coercive behaviour nor the allegation of sexually abusive and demeaning behaviour was proven on the balance of probabilities. The allegation of rape on 16 June 2020 was not proven due to insufficient and contradictory evidence. The father's behaviour on 20 December 2020 was abusive but did not amount to coercive and controlling behaviour. The father's visit to the mother's workplace in April 2021 constituted harassment. The mother was aware of the father's court application when she reported the rape allegation to police.

Parties
Applicant: The Father; 1st Respondent: The Mother; 2nd Respondent: K (via her Guardian)
Jurisdiction
England and Wales
Judgment Date
19 May 2025
Procedural Posture
Child Arrangements Order / Non Molestation Order / Judgment Following Fact Finding Hearing
Outcome
Allegations of controlling/coercive behaviour, sexually abusive/demeaning behaviour, and rape not proven. Specific findings made regarding harassment and abusive behaviour on 20 December 2020.
Legal Topics
Child Arrangements, Parental Responsibility, Non Molestation, Fact Finding, Domestic Abuse, Coercive Control, Sexual Abuse, Rape Allegation
Family Law Child Law Domestic Abuse Child Arrangements Parental Responsibility Non Molestation Fact Finding Coercive Control +2 more

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Parties

The Father

Applicant

The Mother

1st Respondent

K (via her Guardian)

2nd Respondent

Procedural Posture

Child Arrangements Order / Non Molestation Order / Judgment Following Fact Finding Hearing

Legal Issues

  1. 1 Whether the father's behaviour towards the mother was controlling and coercive throughout the relationship and immediate aftermath of separation
  2. 2 Whether the father engaged in sexually abusive and demeaning behaviours towards the mother throughout the relationship
  3. 3 Whether the father raped the mother on 16 June 2020

Ratio Decidendi

The court found that neither the allegation of controlling and coercive behaviour nor the allegation of sexually abusive and demeaning behaviour was proven on the balance of probabilities. The allegation of rape on 16 June 2020 was not proven due to insufficient and contradictory evidence. The father's behaviour on 20 December 2020 was abusive but did not amount to coercive and controlling behaviour. The father's visit to the mother's workplace in April 2021 constituted harassment. The mother was aware of the father's court application when she reported the rape allegation to police.

Court Disposition

Allegations of controlling/coercive behaviour, sexually abusive/demeaning behaviour, and rape not proven. Specific findings made regarding harassment and abusive behaviour on 20 December 2020.

Orders

  • Order to reflect findings made requested from parties
  • Matter listed for welfare determination on a date to be fixed