F v M & Anor
[2024] EWFC 73 (B)
MG v SN
23 July 2024
[2024] EWFC 202 (B)
Family Court
Mom accused Dad of many things: hitting her, controlling her, hurting their child, and even rape. The judge looked at all the evidence – texts, videos, and doctor's notes – and didn't believe Mom. The judge said Dad didn't do these things and that Mom's mental health problems might have made her say things that weren't true. Dad and child will now see each other again.
Key Facts
- •The case involves a fact-finding hearing concerning allegations made by the mother (SN) against the father (MG) regarding the care of their child, H.
- •The allegations include verbal abuse, coercive control, sexual abuse (rape, sexual assault, threat to release intimate videos), and physical abuse of the child.
- •The parents gave starkly different accounts of events, particularly concerning a crisis in September 2021 that led to the mother's sectioning under the Mental Health Act.
- •The father was facing a criminal trial for rape and sexual assault, which overlapped with the fact-finding hearing, causing delays.
- •The mother's mental health, including a diagnosis of severe post-natal depression with psychosis, was a significant factor in the case.
- •The court considered extensive evidence, including WhatsApp messages, police records, and medical reports.
Legal Principles
The burden of proof lies on the party making the allegations.
A (A Child) (No. 2) [2011] EWCA Civ 12
Disputed allegations are proven if they are more probable than not.
Evidence must be considered holistically, not in isolation.
Re T (children) [2004] 2 FLR 838
Specific guidance on allegations of coercive or controlling behaviour is provided in Re H-N and Others (children) (domestic abuse: finding of fact hearings) 2021 EWCA Civ 448 and F v M [2021] EWFC 4.
Re H-N and Others (children) (domestic abuse: finding of fact hearings) 2021 EWCA Civ 448; F v M [2021] EWFC 4
Not all directive or selfish behaviour constitutes abuse; intention and harmful impact are crucial.
Re H-N and Others (children) (domestic abuse: finding of fact hearings) 2021 EWCA Civ 448
Detailed findings of fact are not always necessary or in the child's best interests if the alleged behaviour does not demonstrate coercive or controlling behavior.
Re L (Relocation: Second Appeal) [2017] EWCA Civ 2121
Outcomes
None of the mother's allegations were proven.
The judge found inconsistencies in the mother's accounts, her mental health issues impacted her credibility, and there was a lack of corroborating evidence. The judge considered the overarching narrative of a generally loving and supportive relationship, with the mother's allegations largely attributable to her mental health challenges.
Direct contact between the father and child is to recommence.
Given that no findings were made against the father, the court expected contact to resume. The judge suggested initial contact sessions might be in a contact centre to ease the transition.
The mother is no longer considered a protected party.
This is a consequence of the judge's findings; there is no longer a need for her to be questioned by a qualified legal representative in future hearings.