D and B: Coercive and Controlling Counter Allegations, Re
[2024] EWFC 232 (B)
M v F (Finding of Fact Hearing: Coercive and Controlling behaviour), Re
9 February 2024
[2024] EWFC 65 (B)
Family Court
A mother accused her partner of controlling behavior. A judge looked at all the evidence and agreed that the father had acted in ways that controlled the mother, both during their relationship and after they separated. The father's behavior was found to be manipulative and harmful, even to the children. The judge also said that the father made the legal process much harder than it should have been because he provided way too much information.
Key Facts
- •Welfare proceedings concerning two boys, X (12) and Y (10).
- •Mother (M) alleged coercive and controlling behaviour by father (F).
- •Father withdrew cross-allegations against mother.
- •Fact-finding hearing focused solely on mother's allegations.
- •Significant procedural history with multiple applications and hearings.
- •Extensive evidence including witness statements, audio recordings, and extensive documentation from both parties.
- •Father's approach to litigation characterized by excessive documentation and detail.
- •Court considered Re H-N and Others (Children) [2021] EWCA Civ 448 regarding the use of Scott Schedules in cases of coercive control.
- •Court considered the standard of proof (balance of probabilities) and the need to consider the totality of evidence.
Legal Principles
Standard of proof in family proceedings is the balance of probabilities.
Re H and R (Child Sexual Abuse: Standard Of Proof) [1996] 1 FLR 80
In assessing coercive and controlling behaviour, the court must consider the cumulative impact of a pattern of acts, not isolated incidents.
Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448
Controlling behaviour involves acts designed to make a person subordinate and/or dependent.
Family Procedure Rules 2010, Practice Direction 12J, para. 3
Coercive behaviour involves acts used to harm, punish, or frighten the victim.
Family Procedure Rules 2010, Practice Direction 12J, para. 3
Findings of fact must be based on evidence and inferences, not suspicion or speculation.
Re L and M (Children) [2013] EWHC 1569 (Fam)
Outcomes
Court found several instances of the father's controlling and coercive behaviour both during and after the relationship.
Based on the totality of the evidence, including witness testimony, communications, and the father's own statements.
Court did not find all allegations made by the mother proven.
Some allegations lacked sufficient evidence to meet the balance of probabilities.
Court criticized the father's approach to litigation, noting excessive documentation and lack of insight.
His actions demonstrated an obsessive approach, hindering efficient legal proceedings.