The Father v The Mother & Anor
[2023] EWFC 291 (B)
NT v PM
5 June 2024
[2024] EWFC 263 (B)
Family Court
Mom and Dad fought over who was abusive. The judge found Mom didn't prove her serious accusations and while Dad may have been controlling, Mom's claims were largely unproven due to lack of evidence. A social worker will now assess Mom's mental health and help them agree on a plan for their daughter.
Key Facts
- •Case involves a child, A, born (redacted), parents N T (father) and P M (mother).
- •Parents separated in September 2022, leading to child arrangements and non-molestation order applications.
- •Both parents made allegations of abuse against each other.
- •A DNA test confirmed the applicant's paternity in August 2023.
- •Fact-finding hearing to determine the truth of abuse allegations.
Legal Principles
Allegations of abuse must be proved on the balance of probabilities.
Practice Direction 12J
The court assesses witness credibility, consistency, and corroboration of evidence.
Case law (implicitly)
In fact-finding cases, there's a distinction between domestic abuse and disagreements during relationship breakdown.
H-N (Court of Appeal case, cited)
The court's role is not to determine blame for relationship breakdown, but to determine facts relevant to child welfare.
Case law (implicitly)
Outcomes
Mother's allegations of sexual abuse, chlamydia infection, coercion into abortions, etc., were not proven due to lack of corroborative evidence.
Insufficient evidence, inconsistencies in mother's testimony, failure to obtain readily available corroborative evidence (e.g., medical records, police reports).
Father's allegations of emotional abuse by the mother were partially proven; however, many of the specific events were not found proven.
Mother's volatile reactions, suicidal ideation, and emotionally abusive actions (e.g., 'porn revenge') were considered proven. However, lack of direct evidence, particularly for some physical abuse allegations, meant that the father did not receive a favorable decision to most of his claims.
Father's coercive and controlling behavior was found to be a concern.
Evidence from messages and the father's testimony suggested a pattern of controlling behavior.
A Section 7 report was ordered to assess the mother's psychological state and make recommendations for child arrangements.
Concerns regarding mother's volatile behavior, suicidal thoughts, and need for potential psychological support.
No change of child's residence was deemed likely, pending the Section 7 report.
Significant breakdown in parental communication and the need to address safety concerns before determining child arrangements.