Key Facts
- •Father applied for a child arrangements order in December 2019 and parental responsibility in January 2022.
- •Parents separated in March 2018, and the child, H, was born in November 2018.
- •Father has had no contact with H since February 2019.
- •Allegations of domestic abuse were raised early in the proceedings.
- •Father has prior convictions, including domestic assault and harassment.
- •Mother alleged six instances of domestic abuse, four of which were investigated.
- •The allegations included verbal abuse, attempted rape, rape, and intimidation.
- •The court considered text messages, witness statements, and police records.
- •The court considered the Domestic Abuse Act 2021 and Practice Direction 12J.
Legal Principles
Standard of proof in family fact-finding hearings is the balance of probabilities.
Criminal terminology should not be applied too strictly in family fact-finding hearings.
Re H-N and Others (children) (domestic abuse: finding of fact hearings) EWCA Civ 448
The court must consider the Domestic Abuse Act 2021 and Practice Direction 12J when assessing allegations of domestic abuse.
Domestic Abuse Act 2021, Practice Direction 12J
Outcomes
Allegations of verbal and threatening abuse, intimidation, and alcohol abuse impacting behavior were found to be true.
Court considered text messages, prior convictions, and witness testimony.
Allegations of attempted rape and rape were also considered, but the court found that while it was not proven to the required standard these incidents occurred the balance of probabilities did support the mother's account.
Lack of objective evidence, and the complexities surrounding consent in rape cases.
Hair strand testing ordered for father to assess alcohol and cocaine use.
To inform future child arrangements and safeguarding concerns.
Cafcass to prepare a section 7 report and explore anger management and domestic abuse work for father.
To address father's anger issues and history of domestic abuse.
Live with order granted to mother.
No application made by the father for a live with order.