L (a boy born November 2022) (fact-finding hearing), Re
[2024] EWFC 60 (B)
R (Children: Fact Finding: Audio Recordings) (Coercively Controlling Behaviour), Re
24 July 2024
[2024] EWFC 201 (B)
Family Court
Mom and Dad fought a lot, and both were mean to each other. The judge heard recordings and saw how they acted, and decided both parents were abusive. They couldn't agree on who the kids should live with, so the judge said to wait for more information before deciding.
Key Facts
- •Fact-finding hearing concerning two children, Olivia and Ben, and allegations of abuse between their parents, Thomas Mitchell (Father) and Samantha Lane (Mother).
- •Father made audio recordings of interactions with the Mother, which were presented as evidence.
- •Both parents exhibited controlling and coercive behavior towards each other.
- •Allegations of physical and verbal abuse were made by both parents.
- •The Mother has a previous relationship with Mark Walker, who is also involved in the case.
- •Interim child arrangements were in dispute, with the Father seeking primary custody.
- •The Court considered evidence from multiple witnesses, including family members and a Cafcass Family Court Advisor.
Legal Principles
Standard of proof in family court cases is the balance of probabilities.
Case law (implicitly stated)
The paramount consideration is the welfare of the child.
Children Act 1989, section 1(3)
Presumption of parental involvement unless contrary is shown.
Children Act 1989
Definition of domestic abuse under section 1 of the Domestic Abuse Act 2021.
Domestic Abuse Act 2021
Assessment of witness credibility; caution against relying solely on demeanor.
Re P (A Child: Remote Hearing) [2020] EWFC 32; Cumbria County Council v R [2019] EWHC 2782 (Fam); Sri Lanka v Secretary of State for the Home Department [2018] EWCA Civ 1391
Lies as evidence of guilt, requiring assessment of intent and significance.
R v Lucas [1981] QB 720; ABC [2021] EWCA 451
Outcomes
The Father's application to vary interim arrangements was dismissed.
Not in children's best interests to change arrangements due to need for Cafcass advice, potential for emotional disruption, and the fact that final orders will be made in 9 weeks.
The Mother's application to discharge the interim Prohibited Steps Order regarding contact with Mr. Walker was dismissed.
Not satisfied it is safe to discharge the order at this interim stage.
Findings of controlling and coercive behavior by both parents, with specific instances detailed in the judgment.
Based on evidence presented, including audio recordings and witness testimony.