E v Y
[2024] EWFC 348
P v M & Ors
20 December 2023
[2023] EWFC 254
Family Court
A dad and mum fought for years over seeing their kids. The judge said the dad was mean to the mum and kids, making them scared and unhappy. The judge wants them to go to a special program to help them get along better, and the dad has to pay for it and for someone to watch the kids when they see their dad.
Key Facts
- •Father (P) applied for child arrangements orders for two children, S and A.
- •Parties met abroad in 2008, never married, separated when youngest child was two.
- •Father moved abroad, previous proceedings in 2016 included findings of verbal abuse against father by Judge Rutherford.
- •2017 order established supervised contact, gradually progressing to unsupervised.
- •Current proceedings initiated in 2020, children joined as parties, Guardian appointed.
- •Psychological assessment conducted by Melanie Gill, report filed in 2022, challenged by mother.
- •Re C (Parental Alienation: Instruction of Expert) [2023] EWHC 345 (Fam) impacted proceedings.
- •Father seeks findings of mother's obstruction, while mother seeks findings of father's abuse.
- •Current contact involves supervised community visits and unsupervised video calls.
Legal Principles
Welfare of the child is paramount.
Children Act 1989
Presumption of parental involvement unless contrary shown.
Children Act 1989
Definition of domestic abuse.
Practice Direction 12J
Definition of coercive and controlling behaviour.
Practice Direction 12J
Domestic abuse's harmful effects on children.
Practice Direction 12J
Standard of proof in fact-finding hearings.
Case law (Re JS, Re A, Re H-C, Re A, B and C)
Judge's role in weighing evidence, including expert testimony.
Case law (implied)
Outcomes
Rejected father's findings against mother.
Insufficient evidence of obstruction, failure to promote father, or alienation.
Accepted mother's findings against father.
Father's behavior caused children anxiety, upset, confusion, and pressure; undermined third parties; pressured children regarding contact; blamed mother instead of reflecting on his actions; lacked insight into impact of behaviour; engaged in intimidating, bullying, coercive, and controlling behavior; and engaged in economic abuse.
Ordered continued supervised contact, but with a 'light touch'.
To protect children from emotional harm caused by father's behaviour while allowing for continued relationship.
Adjourned proceedings to allow parents to attend a Parenting Apart Programme (PAP).
To improve communication and facilitate agreement on contact arrangements, considering children's welfare and lengthy proceedings.
Father to pay for PAP course and costs of contact supervision.
Father bears significant responsibility for contact problems; mother's contribution not warranted given circumstances.