M v F (Finding of Fact Hearing: Coercive and Controlling behaviour), Re
[2024] EWFC 65 (B)
D and B: Coercive and Controlling Counter Allegations, Re
29 February 2024
[2024] EWFC 232 (B)
Family Court
Mom and Dad fought in court about who was abusive. The judge looked at all the evidence and decided Dad was controlling and emotionally abusive to Mom and the kids. Dad tried to say Mom was abusive, but the judge didn't believe him. The judge's decision will help the kids in the future by protecting them from Dad's behavior.
Key Facts
- •D and B are twins born in 2014.
- •Parents are Mr. F (Applicant Father) and Ms. H (Respondent Mother).
- •Ms. H removed the children from the family home on June 23, 2023, without warning.
- •Cross-applications for child arrangements orders and a non-molestation order were made.
- •Both parents made allegations of coercive and controlling behaviour against each other.
- •The case involved a fact-finding hearing to determine the truth of the allegations.
Legal Principles
In fact-finding hearings concerning domestic abuse, the ordinary civil law applies; the burden of proof is on the party making the allegation, who must satisfy the court on the balance of probabilities.
Re H-N and Others [2021] EWCA Civ 448
Coercive and controlling behaviour can be as abusive as, or more abusive than, any particular incident of violence; the Court must consider patterns of behavior and their harmful impact.
Re H-N and Others [2021] EWCA Civ 448; F v M [2021] EWFC 4; PD12J
Assessment of witness credibility involves considering consistency of accounts with known facts, other evidence, and overall probabilities; in cases lacking contemporaneous documents, the witness's demeanor may be relevant.
B-M (Children: Findings of Fact) [2021] EWCA Civ 1371
A witness may lie about one matter without necessarily lying about others (Lucas direction).
Practice Direction 12J provides guidance on cases involving allegations of domestic abuse.
Practice Direction 12J
Outcomes
The court found in favor of Ms. H, concluding that Mr. F engaged in coercive and controlling behavior towards Ms. H and the children.
The court considered all evidence, including statements, exhibits, witness testimony, and professional reports. They found Ms. H's account more credible and supported by corroborating evidence.
The court rejected Mr. F's counter-allegations of coercive and controlling behavior by Ms. H.
The court found these allegations to be fabricated and a cynical attempt to manipulate the court.
The court determined that Mr. F's actions caused significant harm to Ms. H and the children.
The court highlighted Mr. F's manipulation of the children, his controlling behavior, and his emotional abuse.
Specific orders regarding child arrangements, prohibited steps, specific issue orders, and the non-molestation order were not detailed in the summary judgment due to time constraints. Future correspondence between the parties' solicitors is restricted to prevent further harassment.
The judge stated a need to prioritize the children's welfare and prevent further harm.