TK v SK (Children: Fact finding: Serious Domestic Abuse) [2018] EWFC B81 (21 November 2018)

TK v SK (Children: Fact finding: Serious Domestic Abuse) [2018] EWFC B81 (21 November 2018)

The court found, on the balance of probabilities, that the father (TK) committed repeated acts of serious domestic abuse, including rape, physical violence, and orchestrated attacks against the mother (SK), and that these actions caused significant harm to the mother and children. The findings were based on the credibility of the mother's evidence, supporting circumstantial evidence, and the father's lack of credibility and motive to mislead. The father's conduct justified restricting his contact with the child (AK).

Citation
[2018] EWFC B81
Parties
Applicant: TK; Respondent: SK; Child: AK
Jurisdiction
England and Wales
Judgment Date
21 November 2018
Procedural Posture
Family Court Fact Finding Hearing / Judgment After Fact Finding Hearing
Outcome
Findings of serious domestic abuse, including rape and orchestrated violence, made against the father (TK).
Legal Topics
Fact Finding in Family Proceedings, Domestic Abuse, Sexual Assault Within Marriage, Contact and Residence of Children, Credibility Assessment, Hearsay Evidence, Standard of Proof in Family Cases
Family Law Child Protection Domestic Violence Fact Finding in Family Proceedings Domestic Abuse Sexual Assault Within Marriage Contact and Residence of Children Credibility Assessment +2 more

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Parties

TK

Applicant

SK

Respondent

AK

Child

Procedural Posture

Family Court Fact Finding Hearing / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father (TK) committed acts of serious domestic abuse, including rape, physical violence, and orchestrated assaults against the mother (SK)
  2. 2 Whether the father's conduct caused emotional and physical harm to the mother and children
  3. 3 Whether the father's actions should affect contact arrangements with the child (AK)

Ratio Decidendi

The court found, on the balance of probabilities, that the father (TK) committed repeated acts of serious domestic abuse, including rape, physical violence, and orchestrated attacks against the mother (SK), and that these actions caused significant harm to the mother and children. The findings were based on the credibility of the mother's evidence, supporting circumstantial evidence, and the father's lack of credibility and motive to mislead. The father's conduct justified restricting his contact with the child (AK).

Court Disposition

Findings of serious domestic abuse, including rape and orchestrated violence, made against the father (TK).