England and Wales Case Law

A (A Child) (Fact-finding: domestic abuse and alienating behaviour), Re

None of the allegations of sexual or physical abuse by F against A were established on the balance of probabilities. There is no evidence that M encouraged or pressurised A to make false disclosures or engaged in alienating behaviour. M did seek to restrict Mr R's professional involvement with A, but this did not amount to alienation. A's refusal to see F is not justified by F's behaviour, nor is it proved to be caused by alienation by M.

Source excerpt

• Fact-finding hearing
• Domestic abuse
• Parental alienation
• Child arrangements
• Contact refusal

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J (a Child) (No. 2) (Contact Following Change of Residence), Re

The mother’s conduct has been abusive, unpredictable, and in breach of undertakings and orders, posing a high risk of further harm to the father and emotional harm to J. The mandatory provisions of Practice Direction 12J cannot be met by supervised contact, as the father’s safety cannot be secured. Indirect contact only is ordered until the mother undertakes work to address her behaviour. Section 91(14) order is granted for three years to protect J from further litigation. Non-Molestation Order is extended for three years. Disclosure of the mother’s witness statements to the police is permitt…

Source excerpt

• Child arrangements
• Contact orders
• Domestic abuse
• Non-molestation orders
• Section 91(14) orders
• Prohibited steps orders

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JX (A Child) (Fact-finding hearing), Re

Both parties perpetrated domestic abuse in a toxic, volatile relationship. The mother was physically abusive towards the father, including hitting, threats, and loss of self-control, some of which she admitted. The father engaged in emotionally controlling and dismissive behaviour, including stonewalling, unilateral decision-making post-separation, and conduct likely to cause the mother emotional harm and ongoing control using the child. Both parties' behaviours caused emotional harm to the child. The court found specific allegations proven or part-proven as detailed, and determined that both…

Source excerpt

• Domestic abuse
• Coercive and controlling behaviour
• Physical abuse
• Child arrangements
• Parental responsibility
• Contact arrangements

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A, B and C (Children: Perpetrator Finding), Re

The judge's assessment of the evidence and witness reliability was thorough and justified; there was no basis for appellate interference. The finding that the mother inflicted the injury was open to the judge on the balance of probabilities.

Source excerpt

• Care proceedings
• Non-accidental injury
• Identification of perpetrator
• Appeal against fact-finding
• Domestic abuse
• Child arrangements

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T v S

The court found, on the balance of probabilities, that the father gave clear and unequivocal consent to the mother removing the child to England, and that consent remained operative at the time of removal. Additionally, the court found that returning the child to New Zealand would expose the child to a grave risk of harm and an intolerable situation due to the mother's mental health vulnerabilities, lack of support, and exposure to domestic abuse, and that the protective measures offered by the father were insufficient. Both Article 13(a) and 13(b) defences were established, and the court exe…

Source excerpt

• Hague convention 1980
• Summary return of child
• Consent to removal
• Grave risk of harm
• Protective measures
• Domestic abuse

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M v F (Fact Finding Hearing)

The court found the mother's allegations of sexual coercion, conditional consent rape, physical abuse, and controlling/coercive behaviour to be false, preferring the father's evidence and finding no behaviour by the father justifying continuation of any restrictive orders.

Source excerpt

• Domestic abuse
• Fact finding
• Non-molestation orders
• Prohibited steps orders
• Specific issue orders
• Child contact

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BN (A Child)(Abduction: Art 13(b)), Re

Hague Convention return application to Connecticut refused after the court found grave risk from domestic abuse and the mother’s complex PTSD.

• Child abduction
• Hague convention
• Protective measures
• Ptsd and parenting
• Domestic abuse
• Child-abduction

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BN (A Child)(Abduction: Art 13(b)), Re

BN (A Child)(Abduction: Art 13(b)), Re [2026] EWHC 1158 (Fam) (14 May 2026)

Hague Convention return application to Connecticut refused after the court found grave risk under Article 13(b) because of domestic abuse and the mother's PTSD.

• Hague convention 1980
• Child abduction and custody act 1985
• Article 13(b) grave risk exception
• Protective measures
• Domestic abuse
• Ptsd and parental mental health

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B, In the Matter Of

B, In the Matter Of [2026] EWFC 107 (B) (14 May 2026)

In care proceedings, the court found B suffered significant harm through a serious head injury while in her parents’ care, but could not identify which parent caused it.

• Care orders
• Non-accidental injury
• Threshold criteria
• Fact-finding
• Domestic abuse
• Neglect

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M v F & Anor

The Family Court extended protective orders for a nearly 17-year-old child, maintained indirect contact only with the father, and imposed a section 91(14) restraint.

• Child arrangements
• Prohibited steps order
• Non-molestation order
• Section 91(14) order
• Welfare of the child
• Indirect contact

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