RE Z (No 1 Fact Finding)

RE Z (No 1 Fact Finding)

The court found that the relationship between W and X was characterised by frequent arguments, volatility, and mutual coercive and controlling behaviour. The allegations of serious physical abuse by W against X were not established to the required standard due to lack of corroboration, delay in reporting, and inconsistency with contemporaneous actions and messages. Most of W's allegations against X were established, except for certain physical assaults. The court concluded that both parties contributed to the toxic relationship and that arrangements for Z must prioritise his welfare, with practical steps to minimise disruption.

Parties
Applicant: W; 1st Respondent: X; 2nd Respondent: Y; 3rd Respondent: Z (Through his Children Guardian Lillian Odze)
Jurisdiction
England and Wales
Judgment Date
13 August 2021
Procedural Posture
Family / Fact Finding Judgment
Outcome
Fact finding judgment; findings made as specified; occupation order application refused at this stage; directions for parties to agree schedule of findings and practical arrangements for accommodation.
Legal Topics
Surrogacy, Parental Orders, Domestic Abuse, Child Arrangements, Occupation Orders
Family Law Child Law Surrogacy Parental Orders Domestic Abuse Child Arrangements Occupation Orders

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Parties

W

Applicant

X

1st Respondent

Y

2nd Respondent

Z (Through his Children Guardian Lillian Odze)

3rd Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether allegations of domestic abuse and coercive control by each party are established to the required standard
  2. 2 Whether the factual findings support the making of occupation and child arrangements orders
  3. 3 Assessment of credibility and reliability of parties' evidence

Ratio Decidendi

The court found that the relationship between W and X was characterised by frequent arguments, volatility, and mutual coercive and controlling behaviour. The allegations of serious physical abuse by W against X were not established to the required standard due to lack of corroboration, delay in reporting, and inconsistency with contemporaneous actions and messages. Most of W's allegations against X were established, except for certain physical assaults. The court concluded that both parties contributed to the toxic relationship and that arrangements for Z must prioritise his welfare, with practical steps to minimise disruption.

Court Disposition

Fact finding judgment; findings made as specified; occupation order application refused at this stage; directions for parties to agree schedule of findings and practical arrangements for accommodation.

Orders

  • Findings of fact as set out in paragraphs 109-110 of the judgment
  • Parties to liaise and agree a schedule of findings