The Father v The Mother & Anor

The Father v The Mother & Anor

The court found the father's allegations of physical assault by the mother unproven, found the mother did not coach or alienate the children, and found the children's reluctance to see their father was due to their own experiences. The court found the father engaged in physically rough behaviour, failed to respect the children's personal space, and engaged in inappropriate touching. The mother did not denigrate the father or place the children under emotional pressure. No pattern of controlling or coercive behaviour was established by either parent, but the father's actions were found to have a significant negative impact on the children.

Parties
Applicant: The Father; First Respondent: The Mother; Second Respondent: Children (via the Guardian)
Jurisdiction
England and Wales
Judgment Date
22 March 2024
Procedural Posture
Family / Factfinding Hearing
Outcome
Findings of fact made; allegations of physical assault, alienation, and false allegations by the mother not proven; findings of inappropriate touching and physically rough behaviour by the father proven.
Legal Topics
Domestic Abuse, Parental Alienation, Child Welfare, Factfinding, Child Arrangements
Family Law Child Protection Domestic Abuse Parental Alienation Child Welfare Factfinding Child Arrangements

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Parties

The Father

Applicant

The Mother

First Respondent

Children (via the Guardian)

Second Respondent

Procedural Posture

Family / Factfinding Hearing

Legal Issues

  1. 1 Whether the mother physically assaulted the father
  2. 2 Whether the mother alienated the children from the father
  3. 3 Whether the mother physically chastised the children

Ratio Decidendi

The court found the father's allegations of physical assault by the mother unproven, found the mother did not coach or alienate the children, and found the children's reluctance to see their father was due to their own experiences. The court found the father engaged in physically rough behaviour, failed to respect the children's personal space, and engaged in inappropriate touching. The mother did not denigrate the father or place the children under emotional pressure. No pattern of controlling or coercive behaviour was established by either parent, but the father's actions were found to have a significant negative impact on the children.

Court Disposition

Findings of fact made; allegations of physical assault, alienation, and false allegations by the mother not proven; findings of inappropriate touching and physically rough behaviour by the father proven.

Orders

  • No finding of physical assault by the mother.
  • No finding of alienation or coaching by the mother.