D and B: Coercive and Controlling Counter Allegations, Re
[2024] EWFC 232 (B)
L (a boy born November 2022) (fact-finding hearing), Re
13 March 2024
[2024] EWFC 60 (B)
Family Court
A judge heard a case about a mom and dad fighting over their baby. The dad was mean and controlling towards the mom, and even hurt her a few times. The mom was also a little mean, but not nearly as bad. Even though the dad was abusive, the judge said he could still see the baby, but only with a supervisor present because the baby needs both parents. The case shows how hard these situations can be, especially for the baby.
Key Facts
- •Fact-finding hearing (FFH) concerning child arrangements for L (born November 2022).
- •Applicant (father, F) and respondent (mother, M) made cross-allegations of abuse.
- •M alleged coercive and controlling behaviour and three specific incidents of physical abuse by F.
- •F alleged emotional abuse by M.
- •M sought to relocate with L to Poland.
- •Interim contact between F and L was ordered prior to the FFH.
Legal Principles
Standard of proof in family court cases is the balance of probabilities.
Re B-B [2022] EWHC 108, Re H-N [2021] EWCA Civ 448, Practice Direction 12J
Court must consider all evidence and avoid compartmentalising.
Re B-B [2022] EWHC 108
Focus is on child's welfare.
R (Children) [2018] EWCA Civ 198
Assessment of witness credibility considers impression and other evidence.
Re B-M (Children: Findings of Fact) [2021] EWCA Civ 1371
Consideration of the Lucas test for assessing witness lies.
R v Lucas [1981] 3 WLR 120
Risk of misinterpretation, exaggeration, or fabrication in abuse allegations made by parents.
Re B (Children) [2008] UKHL 35
Focus on overarching issue of coercive and controlling behaviour when raised.
Re K and K [2022] EWCA Civ 468
Welfare Checklist in s1(3) Children Act 1989 is paramount.
Children Act 1989, s1(3)
Definition of coercive and controlling behaviour from Domestic Abuse Act 2021 and PD12J.
Domestic Abuse Act 2021, PD12J
Interim child arrangements must protect safety and wellbeing and not expose to risk of harm.
PD12J, para 5
Outcomes
F's behaviour amounted to coercive and controlling behaviour towards M.
Multiple incidents demonstrating a pattern of control and abuse, supported by evidence including audio recordings.
M's allegations of physical assault were proven in January and July, but not in February due to insufficient evidence.
January: F threw his phone at M. July: F assaulted and threatened to kill M. February: Evidence was inconclusive.
F's allegation of emotional abuse by M was not proven.
Insufficient evidence to meet the burden of proof.
Interim contact between F and L to continue under supervision.
Balancing the risk of harm with the welfare of L and the progress reports on supervised contact.