TS v AS & Ors [2025] EWHC 3169 (Fam) (05 December 2025)

TS v AS & Ors [2025] EWHC 3169 (Fam) (05 December 2025)

The court found, on the balance of probabilities, that the father perpetrated serious domestic abuse, including physical, sexual, and emotional abuse, and coercive and controlling behaviour against the mother, and that the children suffered emotional harm and were placed at risk of physical harm as a result. The court rejected the father's allegations regarding the mother's mental health and found no credible evidence that she lacked capacity or posed a risk to the children. The English court has exclusive jurisdiction under the 1996 Hague Convention.

Citation
[2025] EWHC 3169 (Fam)
Parties
Applicant: TS; First Respondent: AS; Second Respondent: MS; Third Respondent: LS; Fourth Respondent: HS
Jurisdiction
England and Wales
Judgment Date
05 December 2025
Procedural Posture
Family Law Child Arrangements and Protection / Post Fact Finding Hearing, Judgment
Outcome
Findings of fact made against the father; allegations of domestic abuse, sexual abuse, coercive and controlling behaviour, and emotional harm to the children proved.
Legal Topics
Child Arrangements Order, Domestic Abuse, Coercive and Controlling Behaviour, Sexual Abuse, Emotional Harm, Jurisdiction Under Hague Conventions, Asylum and Refugee Status, Parental Responsibility
Family Law International Law Child Protection Domestic Abuse Child Arrangements Order Coercive and Controlling Behaviour Sexual Abuse Emotional Harm +3 more

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Parties

TS

Applicant

AS

First Respondent

MS

Second Respondent

LS

Third Respondent

HS

Fourth Respondent

Procedural Posture

Family Law Child Arrangements and Protection / Post Fact Finding Hearing, Judgment

Legal Issues

  1. 1 Whether the father perpetrated domestic abuse, sexual abuse, and coercive and controlling behaviour against the mother
  2. 2 Whether the children suffered emotional and/or physical harm due to the father's conduct
  3. 3 Whether the mother suffers from mental health issues affecting her parenting

Ratio Decidendi

The court found, on the balance of probabilities, that the father perpetrated serious domestic abuse, including physical, sexual, and emotional abuse, and coercive and controlling behaviour against the mother, and that the children suffered emotional harm and were placed at risk of physical harm as a result. The court rejected the father's allegations regarding the mother's mental health and found no credible evidence that she lacked capacity or posed a risk to the children. The English court has exclusive jurisdiction under the 1996 Hague Convention.

Court Disposition

Findings of fact made against the father; allegations of domestic abuse, sexual abuse, coercive and controlling behaviour, and emotional harm to the children proved.

Orders

  • Findings of fact as sought by the mother and Children's Guardian are made against the father.
  • No findings made against the mother as sought by the father.