F v M & Anor
[2024] EWFC 73 (B)
GB (Parental Alienation: Factual Findings), Re
3 April 2024
[2024] EWFC 75 (B)
Family Court
A mom accused her ex-husband of abuse, and he accused her of turning the kids against him. A judge watched videos and heard evidence, and found the dad guilty of abuse, including rape. The dad's claims weren't true, and he had to pay the mom's legal bills.
Key Facts
- •Mother sought Child Arrangements Order and alleged father's pattern of domestic abuse.
- •Father alleged mother's alienation of children.
- •Lengthy history of proceedings, including Non-Molestation and Occupation Orders.
- •Multiple police investigations into allegations of assault and abuse.
- •Extensive evidence including video recordings, police reports, and witness statements.
- •Fact-finding hearing to determine factual disputes.
- •Mother was a vulnerable party due to domestic abuse allegations.
Legal Principles
Burden of proof lies on the party making the allegation; civil standard of proof (balance of probabilities).
Re B [2008] UKHL 35, Re B (Threshold Criteria: Fabricated Illness) [2002] EWHC 20 (Fam)
Findings must be based on evidence, not suspicion or speculation.
Re A (A child) (Fact Finding Hearing: Speculation) [2011] EWCA Civ 12
Court must consider all evidence holistically.
Re T [2004] EWCA Civ 558
Failure to prove an allegation doesn't equate to finding it false.
Re M (Children) [2013] EWCA Civ 388
Expert evidence considered in context of all other evidence.
A County Council v K, D & L [2005] EWHC 144 Fam
Parental statements are crucial; assess credibility and reliability, guarding against bias based on demeanor.
Re W (Non-Accidental Injury) [2003] FCR 346, Re M (Children) [2013] EWCA Civ 1147
Intention to cause harm needn't be proved for a finding of abuse.
GK v PR [2021] EWFC 106
Domestic abuse is rarely a one-off incident; cumulative impact is key.
JH v MF (Rev 2) [2020] EWHC 86
'Parental alienation' is not a diagnosis but a factual finding of manipulative behavior.
Re C (Parental Alienation: Instruction of Expert) [2023] EWHC 345 (Fam)
Lying about one matter doesn't mean lying about everything.
R v Lucas [1981] QB 720
In domestic abuse cases, focus on pattern of behavior, not isolated incidents.
Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA 448 (Civ)
Outcomes
Most of the mother's allegations against the father were proven.
Court found compelling evidence of coercive control, abuse, and rape based on video footage, police reports, and witness testimony.
Father's allegations against the mother were not proven.
Court found father's evidence to be unreliable, evasive, and lacking supporting evidence. His actions were found to have caused the children's rejection of him.
Father ordered to pay mother's costs from 30 August 2023.
Father's conduct was deemed reprehensible and unreasonable for pursuing unfounded allegations, lying to the court, and engaging in abusive behaviour. The court considered the overall justice of the situation and the impact on the children.