TS v AS & Ors (Art 21 Findings of Fact)

TS v AS & Ors (Art 21 Findings of Fact)

The court found, on the balance of probabilities, that the father perpetrated physical, sexual, and emotional abuse, as well as coercive and controlling behaviour against the mother; the children were emotionally harmed and placed at risk of physical harm through exposure to domestic abuse; the father relied on falsified documentation regarding the mother’s mental health; the mother does not suffer from mental illness or lack capacity; the father’s allegations against the mother were not credible.

Parties
Applicant: TS; First Respondent: AS; Second Respondent: MS; Third Respondent: LS; Fourth Respondent: HS
Jurisdiction
England and Wales
Judgment Date
15 December 2025
Procedural Posture
Child Arrangements Order (private Law) / Fact Finding Judgment
Outcome
Findings of fact made against the father; child arrangements order that children live with their mother; no contact with father pending further hearing.
Legal Topics
Domestic Abuse, Coercive Control, Sexual Abuse, Physical Abuse, Emotional Harm, Jurisdiction, Child Welfare, Asylum and Protection, False Evidence
Family Law International Child Abduction Child Protection Domestic Abuse Coercive Control Sexual Abuse Physical Abuse Emotional Harm +4 more

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Parties

TS

Applicant

AS

First Respondent

MS

Second Respondent

LS

Third Respondent

HS

Fourth Respondent

Procedural Posture

Child Arrangements Order (private Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father perpetrated domestic abuse, sexual abuse, coercive and controlling behaviour against the mother
  2. 2 Whether the children were emotionally harmed and placed at risk of physical harm through exposure to domestic abuse
  3. 3 Whether the father relied upon falsified documentation regarding the mother’s mental health

Ratio Decidendi

The court found, on the balance of probabilities, that the father perpetrated physical, sexual, and emotional abuse, as well as coercive and controlling behaviour against the mother; the children were emotionally harmed and placed at risk of physical harm through exposure to domestic abuse; the father relied on falsified documentation regarding the mother’s mental health; the mother does not suffer from mental illness or lack capacity; the father’s allegations against the mother were not credible.

Court Disposition

Findings of fact made against the father; child arrangements order that children live with their mother; no contact with father pending further hearing.

Orders

  • Children to live with their mother pending further hearing.
  • Children to have no contact, direct or indirect, with their father pending further hearing.