F v M & Anor
[2024] EWFC 73 (B)
S (Private Law: Fact Finding) (No.1), Re
19 January 2024
[2024] EWFC 156 (B)
Family Court
A mom accused her husband of abuse, including rape. A judge carefully looked at all the evidence and believed the mom. The judge said the dad's actions were abusive and controlling. This decision will affect how much time the dad gets to see his daughter.
Key Facts
- •Father and mother married in Country A in 2015, but the father did not live with the mother initially.
- •Mother entered the UK on a spousal visa in 2016.
- •Mother gave birth to their daughter S in 2017.
- •The parties travelled to Country B in 2018, leaving their daughter with the paternal grandmother, and returned early after a police report.
- •Mother alleges serious abusive behaviour from the father, including coercive and controlling behaviour and sexual abuse.
- •Father denies all allegations.
Legal Principles
Burden of proof in fact-finding hearings is on the person making the allegation; standard of proof is the balance of probabilities.
Case Law
Court considers all evidence, including demeanour of witnesses, internal consistency, and external corroboration.
Case Law
Court considers inherent probability or improbability of events, but should guard against over-reliance on this.
Case Law
In cases involving alleged domestic abuse, the assertion of a pattern of coercive and/or controlling behaviour should be the primary issue for determination.
Re H-N & Others [2021] EWCA Civ 448
Court should take a holistic approach to evaluating allegations of domestic abuse, avoiding a compartmentalised approach.
Re H-N & Others [2021] EWCA Civ 448
Not all bad behaviour is abusive behaviour; it is a question of fact and degree.
Re H-N & Others [2021] EWCA Civ 448
Court should distinguish between abusive behaviour and poor behaviour which falls short of being domestically abusive.
Case Law
In child arrangement order cases, the child's welfare is paramount.
Children Act 1989, section 1(3)
Outcomes
The court found in favor of the mother on all allegations of abuse.
The judge found the mother to be a highly credible witness and the father a highly unsatisfactory witness. The judge meticulously analyzed each allegation, considering the evidence presented, including police interviews, written statements, and oral testimony.