TJ v RC & Anor [2023] EWFC 189 (02 November 2023)

TJ v RC & Anor [2023] EWFC 189 (02 November 2023)

The court found that the allegations made by the mother against the father were not proved on the balance of probabilities, except that the father had told RR something about the family dispute. There was no evidence of physical or sexual abuse, threats, or coercive control by the father. The court also rejected the father's allegations of deliberate fabrication or coaching by the mother. Both parents were found to have contributed to the corrosive family dynamic, but neither's conduct met the threshold for the findings sought.

Citation
[2023] EWFC 189
Parties
Applicant: TJ; 1st Respondent: RC; 2nd Respondent: RR (by their Children's Guardian, William McGuigan)
Jurisdiction
England and Wales
Judgment Date
02 November 2023
Procedural Posture
Family Court Fact Finding Hearing / Judgment After Fact Finding Hearing
Outcome
All substantive allegations by both parents are dismissed except a finding that the father told RR about the family dispute.
Legal Topics
Fact Finding, Child Arrangements, Allegations of Abuse, Parental Alienation, Witness Credibility
Family Law Fact Finding Child Arrangements Allegations of Abuse Parental Alienation Witness Credibility

Case Brief

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Parties

TJ

Applicant

RC

1st Respondent

RR (by their Children's Guardian, William McGuigan)

2nd Respondent

Procedural Posture

Family Court Fact Finding Hearing / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father abused RR physically, sexually, or emotionally
  2. 2 Whether the father threatened to kill the mother, grandparents, and dog
  3. 3 Whether the mother fabricated or coached allegations against the father

Ratio Decidendi

The court found that the allegations made by the mother against the father were not proved on the balance of probabilities, except that the father had told RR something about the family dispute. There was no evidence of physical or sexual abuse, threats, or coercive control by the father. The court also rejected the father's allegations of deliberate fabrication or coaching by the mother. Both parents were found to have contributed to the corrosive family dynamic, but neither's conduct met the threshold for the findings sought.

Court Disposition

All substantive allegations by both parents are dismissed except a finding that the father told RR about the family dispute.

Orders

  • No findings of abuse or coercive control are made against either parent.
  • Parties to reflect on findings before making proposals for the next stage of the case.