Enitan, Re
[2024] EWFC 208 (B)
AS, BS & CS (Children) (Finding of Fact and Non-Molestation Order dismissed), Re
11 November 2024
[2024] EWFC 349 (B)
Family Court
A mother accused her husband of abuse, including rape. The judge believed parts of her story even though she wasn't always consistent. The husband was found to have abused his wife, but a court order to protect her was ended because the immediate danger seemed to have passed.
Key Facts
- •Finding of Fact hearing and Non-Molestation Order application concerning three children (AS, BS, CS).
- •Father (PQ) applied for a 'spend time with' order; last contact in 2020.
- •Mother (RS) applied for a Non-Molestation Order; interim order in place.
- •Father was acquitted of rape and ABH in a previous criminal trial; coercive control charge unresolved.
- •Allegations of physical, mental, and emotional abuse by the Father against the Mother.
- •Allegation of rape by the Father against the Mother.
- •Evidence included a 435-page bundle, five videos, and oral testimony.
- •Mother was deemed an unsatisfactory witness due to inconsistencies and omissions.
- •Father's evidence also contained inconsistencies and evasiveness.
- •Cultural context: Mother is British Pakistani, marriage was arranged.
- •Non-molestation order application considered under Part IV of the Family Law Act 1996.
Legal Principles
Non-molestation orders under Part IV of the Family Law Act 1996.
Family Law Act 1996
Definition of molestation (wide range of behavior).
Family Law Act 1996, Section 42
Criteria for granting a non-molestation order: evidence of molestation, need for protection, and probability of needing control.
Family Law Act 1996, Section 42(5)
Standard of proof in Family Court findings of fact: balance of probabilities.
Findings of fact must be based on evidence, not suspicion or speculation.
Domestic Abuse Act 2021 definition of domestic abuse, including controlling and coercive behavior.
Domestic Abuse Act 2021, Practice Direction 12J
Outcomes
Several allegations of physical abuse against the mother were proven.
Mother's consistent and specific accounts, lacking alternative explanations.
Allegation of rape by the father against the mother was proven.
Inconsistencies in the Mother's account were attributed to the difficulty in understanding the situation, and the Father's behavior and statements supported this finding.
Allegations of mental and emotional abuse (threats of self-harm and other threats) were proven.
Audio recording evidence and the Father's evasiveness supported the Mother's claims.
Allegation of verbal abuse was proven.
Father's admission of using abusive language and evidence from the audio recording.
Controlling and coercive behavior was proven to a limited extent.
Father's threats were found to be controlling and coercive, but other allegations were not proven due to lack of evidence or inconsistencies.
Non-molestation order discharged.
Incidents in August and September 2023 were not attempts to harass or intimidate the Mother; interim order already in place for a significant period.