F v M & Anor
[2024] EWFC 73 (B)
B v E
11 October 2023
[2023] EWFC 303 (B)
Family Court
Mom accused Dad of abuse, but the judge didn't believe her. The judge is worried about the child because Mom and Dad are fighting a lot and Mom hasn't been following court orders. Social services will now investigate to make sure the child is safe.
Key Facts
- •Fact-finding hearing concerning child arrangements for a nine-year-old child.
- •Mother alleges physical, emotional, and psychological abuse by the Father, including coercive control.
- •Father denies allegations and makes no cross-allegations.
- •Mother unilaterally stopped contact between Father and child in June 2022.
- •Extensive evidence presented, including witness statements, emails, and video evidence.
- •Mother failed to comply with court orders to provide medical records regarding her mental health.
- •Judge expressed concern for the child's emotional and psychological welfare.
- •Child has not seen Father in person for 16 months.
Legal Principles
Burden of proof lies on the Mother to establish allegations on the balance of probabilities.
R v BB (Domestic Abuse Fact-Finding) 2022 EWHC 108 (Fam)
Approach to fact-finding in private law family proceedings is the same as in care proceedings, but with awareness of specific risks of misinterpretation or fabrication.
Re W (Children) 2010 UKSC 12
Findings of fact must be firmly rooted in evidence and not based on suspicion or speculation.
Definitions of domestic abuse are as set out in the Domestic Abuse Act 2021.
Domestic Abuse Act 2021
In cases of alleged coercive and controlling behaviour, the court's primary focus is on patterns of behaviour.
H-N and Others (Children) (Domestic Abuse: Fact-finding Hearings) [2021] EWCA Civ 448
Section 63 Domestic Abuse Act 2021 requires the court to assume the quality of the mother's evidence and ability to participate are diminished by vulnerability.
s.63 Domestic Abuse Act 2021, Family Procedure Rule 3A.2A
Practice Direction 12J outlines the purpose of fact-finding hearings in domestic abuse cases.
Practice Direction 12J
Outcomes
No findings of abuse against the Father.
Mother's evidence was found to be unreliable and inconsistent with documentary evidence. Father's evidence was considered credible and consistent.
Finding that the Mother pursued baseless allegations.
Mother's allegations were not supported by evidence and her failure to comply with court orders regarding medical evidence hindered the process.
Concerns raised regarding the child's emotional welfare and the Mother's conduct.
Mother's hostility towards Father, the child's expressed feelings of loneliness, and Mother's disregard of court orders created safeguarding concerns.
Direction for a Section 37 report from the local authority.
To assess safeguarding risks posed to the child by the Mother.