A v B
[2024] EWFC 124 (B)
HR v TM
21 May 2024
[2024] EWFC 105 (B)
Family Court
A woman accused her husband of abuse. The judge heard her case and believed her. The judge said the husband's actions were abusive and extended a court order to protect the wife for another year. The judge also noted the police may not have handled the situation well.
Key Facts
- •Final Fact-Finding Hearing (FFH) concerning a Non-Molestation Order under Part IV of the Family Law Act 1996.
- •Applicant ('A') alleged physical and verbal abuse by Respondent ('R') on multiple occasions.
- •R denied allegations and initially failed to provide a witness statement due to language barriers and claimed inability to read/write English.
- •R's lack of witness statement led to him being debarred from giving evidence and asking questions; his position was ascertained via an email.
- •The court heard evidence from A, a third-party witness, and considered police reports and medical evidence.
- •R initially seemed to consider conceding, but then denied the allegations; the FFH proceeded.
- •Allegations included physical assaults, verbal abuse, stalking, and breaches of a Non-Molestation Order.
Legal Principles
Burden of proof in a fact-finding hearing is on the party making the allegations (balance of probabilities).
Various cases within the context of family law, particularly domestic abuse allegations within Children Act proceedings.
Findings of fact must be based on evidence; reasonable inferences can be drawn but speculation is avoided.
Various cases within the context of family law, particularly domestic abuse allegations within Children Act proceedings.
Court considers all evidence holistically, avoiding compartmentalization; principal parties' evidence is usually more valuable than supporting witnesses'.
Various cases within the context of family law, particularly domestic abuse allegations within Children Act proceedings.
Assessment of witness credibility considers their impression on the court, along with other evidence; inconsistencies may not always indicate untruth.
R v Lucas [1981] 3 WLR 120, various cases within the context of family law, particularly domestic abuse allegations within Children Act proceedings.
Guidance from Re B (A child) (Adequacy of Reasons) [2022] EWCA Civ 407 on writing a good judgment; not every piece of evidence needs mentioning.
Re B (A child) (Adequacy of Reasons) [2022] EWCA Civ 407
Outcomes
All allegations of abuse and breaches of the Non-Molestation Order were found proven on the balance of probabilities.
A's evidence was found credible, consistent, and supported by corroborating evidence (medical reports, police reports, third-party witness testimony). R's evidence was largely absent or unconvincing.
The Non-Molestation Order was extended for a further year.
R's behavior was deemed to have all the hallmarks of bullying, coercive, and controlling behavior; the order's continuation was necessary to protect A.
Both parties were ordered to refrain from disparaging each other in the child's presence.
To protect the child's wellbeing.