DB v WH; A Health And Social Care Trust v WH & Anor [2026] NIFam 10(15 April 2026)

DB v WH; A Health And Social Care Trust v WH & Anor [2026] NIFam 10(15 April 2026)

The court found that the mother failed to prove, on the balance of probabilities, that the father engaged in physical assault or coercive control. There was no credible evidence of such conduct, and the allegations were not contemporaneously reported or supported by documentation. However, the court found that the father repeatedly used vulgar and demeaning language towards the mother, including in the presence or vicinity of the child, which was inappropriate and degrading but did not amount to domestic abuse as defined by statute. The father had no involvement in his mother's unlawful accessing of records.

Citation
[2022] EWHC 108
Parties
Applicant (father): DB; Respondent (mother): WH; Applicant (trust): A Health and Social Care Trust; Respondent (mother, in Trust Application): WH; Respondent (father, in Trust Application): DB; Guardian: Children's Court Guardian
Jurisdiction
Northern Ireland
Judgment Date
15 April 2026
Procedural Posture
Family Law (child Arrangements, Domestic Abuse Fact Finding) / Fact Finding Hearing
Outcome
Findings of fact made: no physical assault or coercive control by the father; repeated verbal abuse by the father established; no involvement by the father in unlawful data access.
Legal Topics
Domestic Abuse, Contact Orders, Residence Orders, Supervision Orders, Fact Finding Hearings, Coercive Control, Parental Responsibility
Family Law Child Law Domestic Abuse Contact Orders Residence Orders Supervision Orders Fact Finding Hearings Coercive Control +1 more

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Parties

DB

Applicant (father)

WH

Respondent (mother)

A Health and Social Care Trust

Applicant (trust)

WH

Respondent (mother, in Trust Application)

DB

Respondent (father, in Trust Application)

Children's Court Guardian

Guardian

Procedural Posture

Family Law (child Arrangements, Domestic Abuse Fact Finding) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the father (DB) engaged in domestic abuse, including physical assault and coercive control, against the mother (WH)
  2. 2 Whether the father used vulgar and demeaning language in the presence of the child
  3. 3 Whether the father or his mother unlawfully accessed confidential information about the mother and child

Ratio Decidendi

The court found that the mother failed to prove, on the balance of probabilities, that the father engaged in physical assault or coercive control. There was no credible evidence of such conduct, and the allegations were not contemporaneously reported or supported by documentation. However, the court found that the father repeatedly used vulgar and demeaning language towards the mother, including in the presence or vicinity of the child, which was inappropriate and degrading but did not amount to domestic abuse as defined by statute. The father had no involvement in his mother's unlawful accessing of records.

Court Disposition

Findings of fact made: no physical assault or coercive control by the father; repeated verbal abuse by the father established; no involvement by the father in unlawful data access.