MG v SN
[2024] EWFC 202 (B)
F v M & Anor
2 April 2024
[2024] EWFC 73 (B)
Family Court
A mom accused her child's dad of abuse, including rape. The judge didn't believe the mom because her story changed, she didn't have proof, and she was uncooperative. The dad's story was more believable. The judge gave the dad parental rights but couldn't decide if the mom was deliberately stopping the dad from seeing their child because she has mental health issues.
Key Facts
- •Mother and father's brief relationship ended before the father left the UK in September 2018.
- •Mother alleged the father raped her in November 2018; police took no further action.
- •Child lived with mother and grandmother; social care referrals were made due to concerns about the child being left alone and the mother's mental health.
- •Public law proceedings were initiated in December 2020, resulting in a supervision order with the child returning to the mother's care.
- •Father applied for parental responsibility in January 2022.
- •Mother made several allegations of domestic abuse against the father, including rape and coercive control.
- •Two fact-finding hearings were held; the mother failed to attend the first, and her participation in the second was significantly hampered by her behaviour and lack of evidence.
- •Mother made abusive comments to the Guardian and process server, and her testimony was inconsistent, uncooperative, and lacked supporting evidence.
Legal Principles
Burden of proof lies with the person making the allegation.
General legal principle in family law
Standard of proof is the balance of probabilities.
General legal principle in family law
Findings of fact must be based on evidence, not suspicion or speculation.
General legal principle in family law
Court must consider all evidence and assess credibility and reliability of witnesses.
General legal principle in family law
A witness may lie for various reasons; lies about some matters don't invalidate all testimony.
R v Lucas [1981]
Hearsay evidence may be admitted but given appropriate weight.
General legal principle in family law
Outcomes
None of the mother's allegations of domestic abuse were substantiated.
Mother's evidence was inconsistent, lacked detail, and was contradicted by documentary evidence, including her own messages. The father's evidence was considered more credible.
Insufficient evidence to determine whether the mother deliberately frustrated the father's attempts to have contact with the child.
Mother's mental health difficulties were acknowledged, but no recent medical evidence was available.
Father was granted parental responsibility.
Based on the dismissal of mother's abuse claims, the court deemed it appropriate to grant parental responsibility to the father. This decision facilitated contact arrangements for the child and father