R (Children: Fact Finding: Audio Recordings) (Coercively Controlling Behaviour), Re

R (Children: Fact Finding: Audio Recordings) (Coercively Controlling Behaviour), Re

Both parents perpetrated abusive behaviour in the presence of the children, causing them significant emotional harm. The Father engaged in coercive and controlling behaviour, including case-building through recordings, gaslighting, and limiting the Mother's agency. The Mother was verbally and physically abusive, reactive, and exposed the children to distress. The evidence did not support immediate change of interim arrangements or discharge of the Prohibited Steps Order. The welfare of the children requires further analysis before any final orders.

Parties
Applicant: Thomas Mitchell; Respondent: Samantha Lane
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Child Arrangements / Fact Finding Hearing / Interim Judgment After Fact Finding Hearing, Pending Final Hearing
Outcome
Father's application to vary interim arrangements dismissed; Mother's application to discharge Prohibited Steps Order dismissed; case to proceed to final hearing with section 7 report and possible intervention of Mr Walker.
Legal Topics
Domestic Abuse, Coercive and Controlling Behaviour, Child Arrangements, Prohibited Steps Order, Interim Orders
Family Law Child Law Domestic Abuse Coercive and Controlling Behaviour Child Arrangements Prohibited Steps Order Interim Orders

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Parties

Thomas Mitchell

Applicant

Samantha Lane

Respondent

Procedural Posture

Child Arrangements / Fact Finding Hearing / Interim Judgment After Fact Finding Hearing, Pending Final Hearing

Legal Issues

  1. 1 Whether either parent perpetrated domestic abuse, including coercive and controlling behaviour, against the other
  2. 2 Whether the children suffered significant emotional harm as a result of the parents' conduct
  3. 3 Whether the current interim child arrangements should be changed

Ratio Decidendi

Both parents perpetrated abusive behaviour in the presence of the children, causing them significant emotional harm. The Father engaged in coercive and controlling behaviour, including case-building through recordings, gaslighting, and limiting the Mother's agency. The Mother was verbally and physically abusive, reactive, and exposed the children to distress. The evidence did not support immediate change of interim arrangements or discharge of the Prohibited Steps Order. The welfare of the children requires further analysis before any final orders.

Court Disposition

Father's application to vary interim arrangements dismissed; Mother's application to discharge Prohibited Steps Order dismissed; case to proceed to final hearing with section 7 report and possible intervention of Mr Walker.

Orders

  • Current interim child arrangements to continue until final hearing
  • Prohibited Steps Order restraining children's contact with Mr Walker to remain in force