George & Ors, Re
[2023] EWFC 191 (B)
A v B (private law final hearing - application for non-molestation order)
11 May 2023
[2023] EWFC 74 (B)
Family Court
Mom and dad fought over who gets to look after their daughter. Mom has mental health problems, and dad said mom was lying about him being mean. The judge said dad wasn't right, and made a plan for the daughter to slowly spend more time with mom, with help from mom's family, to keep things safe and stable.
Key Facts
- •Custody dispute concerning 4-year-old C.
- •Parents separated in April 2021 in difficult circumstances involving the mother's suicide attempt.
- •Mother alleged coercive control and abuse by the father.
- •Multiple episodes of the mother's poor mental health, including suicide attempts and self-harm.
- •Father applied for a non-molestation order against the mother.
- •Cafcass reports recommended supervised contact and suspension of overnight stays.
- •Conflicting proposals from parents regarding contact arrangements.
- •Father secretly recorded handovers between himself and the mother.
Legal Principles
Child's welfare is paramount.
Children Act 1989, section 1(1)
Presumption of parental involvement in child's life.
Children Act 1989, section 1(2A)
Non-molestation order requirements.
Family Law Act 1996, section 42
Definition of coercive and controlling behaviour.
Practice Direction 12J, Family Procedure Rules, referencing Domestic Abuse Act 2021
Outcomes
Non-molestation order application dismissed.
Father did not prove malicious false allegations by the mother; her actions were not harassment.
Child arrangements order made.
Order balances the needs of the child with the mother's mental health and the ongoing parental conflict. Contact arrangements will progress gradually over the summer, ultimately leading to C spending time with her mother from Thursday afternoon until Saturday at 6pm each week.