U (Findings of Fact), Re

U (Findings of Fact), Re

The court found, on the balance of probabilities, that both parents engaged in inappropriate conduct: the mother was physically aggressive on several occasions, acted impulsively, and made false allegations against the father; the father, while not found to have committed physical or sexual abuse, did shove the mother during the 28 February 2023 incident but did so in reaction to her actions. Both parents failed to consider the impact of their behaviour on U. The mother’s mental health and impulsivity contributed to her conduct, but the father’s loss of empathy and use of inappropriate language were also criticised. The findings inform the future welfare evaluation for U.

Parties
Applicant: The Mother; First Respondent: The Father; Second Respondent: U (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
14 March 2024
Procedural Posture
Children Act Private Law Proceedings / Fact Finding Judgment
Outcome
Findings of fact made; matter to proceed to welfare stage.
Legal Topics
Fact Finding Hearing, Domestic Abuse Allegations, Contact and Residence, Mental Health and Parenting, Enforcement of Foreign Orders
Family Law Child Law Fact Finding Hearing Domestic Abuse Allegations Contact and Residence Mental Health and Parenting Enforcement of Foreign Orders

Case Brief

Summary, issues, holding and outcome

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Parties

The Mother

Applicant

The Father

First Respondent

U (by their Children’s Guardian)

Second Respondent

Procedural Posture

Children Act Private Law Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether the mother or father perpetrated physical, emotional, or sexual abuse against the other
  2. 2 Whether the mother’s mental health impacts her parenting and conduct
  3. 3 Whether the father’s conduct towards the mother was abusive or lacked empathy

Ratio Decidendi

The court found, on the balance of probabilities, that both parents engaged in inappropriate conduct: the mother was physically aggressive on several occasions, acted impulsively, and made false allegations against the father; the father, while not found to have committed physical or sexual abuse, did shove the mother during the 28 February 2023 incident but did so in reaction to her actions. Both parents failed to consider the impact of their behaviour on U. The mother’s mental health and impulsivity contributed to her conduct, but the father’s loss of empathy and use of inappropriate language were also criticised. The findings inform the future welfare evaluation for U.

Court Disposition

Findings of fact made; matter to proceed to welfare stage.