Key Facts
- •Fact-finding hearing concerning allegations of domestic abuse and sexual abuse against the father by the mother.
- •Two children involved: Child A (aged 7) and Child B (aged 4).
- •Relationship between the parents began in 2015 and ended in January 2022.
- •Father was unrepresented but accompanied by a McKenzie Friend, Mr. Ison, who was granted rights of audience.
- •Allegations included forced sexual activity (referred to as 'rape' in the initial allegations, although the judge cautioned against using criminal terminology).
- •The judge considered patterns of behavior rather than individual incidents due to the nature of coercive and controlling behavior.
- •The judge considered the mental health of both parents in evaluating their evidence.
- •Significant findings were made against the father in relation to several allegations.
Legal Principles
Rights of audience for McKenzie Friends are granted only in exceptional circumstances.
D v S (Rights of Audience) [1997] 1 F.L.R. 724 (CA), Re: J (children) [2018] EWCA Civ 1152, Courts and Legal Services Act 1990 sections 27 & 28
Burden of proof in family court cases is on the balance of probabilities.
Re B (Children) [2008] UKHL 35
Findings of fact in family court cases are not determinative of child arrangements but are highly relevant.
Case law cited in section 72 (source not explicitly stated in document)
In domestic abuse cases, the court focuses on patterns of abusive behaviour, not just individual incidents.
Re H-N and others [2021] EWCA Civ 448, PD12J
Criminal law terminology should be avoided in family court proceedings; focus should be on the behaviour itself.
Re R (Children) [2018] EWCA Civ 198
Outcomes
Mr. Ison, the father's McKenzie Friend, was granted rights of audience.
Due to the unavailability of a Qualified Legal Representative (QLR) and the need to ensure a fair hearing for the father, given the seriousness of the allegations.
Multiple allegations of abuse against the father were substantially proven.
The judge found the mother's evidence to be credible and consistent and the father's evidence to contain significant admissions and inconsistencies.
All future hearings in the case were reserved to the same judge.
To ensure continuity and consistency in the proceedings.