TKJ (Abduction: Hague Convention (Italy)), Re
[2024] EWHC 198 (Fam)
A & Anor, Re
10 May 2023
[2023] EWFC 124 (B)
Family Court
A mom left Norway with her kids because their dad was mean and controlling. A judge looked at lots of evidence (videos, texts, etc.) and agreed the dad was abusive. The dad didn't get the kids back.
Key Facts
- •The father brought proceedings under Article 21 of the Hague Convention seeking the return of his children, A-M and T, from the UK to Norway.
- •The mother alleged a pattern of coercive control and abuse by the father.
- •The father claimed the mother's actions were a pre-planned attempt to remove him from the children's lives.
- •The court heard evidence including videos, texts, and witness statements.
- •The proceedings involved a fact-finding hearing to determine the nature of the parents' relationship.
Legal Principles
Burden of proof is on the person making the allegation; standard of proof is the balance of probabilities.
None explicitly stated, but implied in standard UK civil procedure.
Evidence must be considered holistically, not in separate compartments.
Re T [2004] 2 FLR 838
Findings of fact must be based on evidence and inferences, not suspicion or speculation.
None explicitly stated, but implied in standard UK judicial practice.
Limitations of hearsay evidence must be considered.
None explicitly stated, but implied in standard UK judicial practice.
Definitions of coercive and controlling behaviour as per Practice Direction 12J and the Domestic Abuse Act 2021.
Practice Direction 12J and s.3 Domestic Abuse Act 2021
Not all directive, assertive, stubborn, or selfish behaviour constitutes abuse.
Re H-N & Ors [2021] EWCA Civ. 448, para. 32
Importance of considering the overall picture to identify patterns of behaviour.
Re H-N & Ors [2021] EWCA Civ. 448, paras. 51 and 56
Lying about one thing does not necessarily mean lying about everything.
R v Lucas [1981] QB 720
Consideration of factors impacting witness credibility.
A, B and C [2021] EWCA Civ. 451, paras. 57 and 58
Caution when assessing witnesses in emotionally charged situations.
Re M (Children) [2013] EWCA Civ. 1147
Outcomes
The father's application for the return of the children was dismissed.
The court found a pattern of controlling and coercive behaviour by the father, which led to the mother fleeing to the UK with the children.
The court found that the father's actions constituted domestic abuse.
The evidence established a pattern of behaviour that met the legal definition of controlling and coercive behaviour, causing harm to the mother and impacting the children's welfare.