TJ v RC & Anor
[2023] EWFC 189
The Father v The Mother & Anor
22 September 2023
[2023] EWFC 291 (B)
Family Court
Mom and Dad fought a lot, and the kids said Dad was mean and touched their sister inappropriately. The judge believed the kids and said Dad was abusive, but Mom wasn't. They both acted poorly, but mostly Dad was to blame for the kids' distress.
Key Facts
- •Fact-finding hearing concerning allegations of abuse and alienation between parents.
- •Father applied for contact with children in February 2021; mother applied to relocate to [redacted country] in March 2021.
- •Child A made allegations of sexual impropriety against father in January 2022.
- •Multiple court hearings and orders for reports and investigations.
- •Guardian appointed in February 2023.
- •Acrimonious relationship breakdown, police involvement stemming from father's report of assault.
- •Children exhibited behavioral and emotional distress post-mother's arrest.
- •Children gave ABE interviews in March 2022.
Legal Principles
Burden of proof on the person alleging; standard of proof is the balance of probabilities.
Re T [2004] EWCA Civ 558
Evidence must be considered holistically, not in separate compartments.
Re T [2004] EWCA Civ 558
Findings of fact based on evidence and proper inferences, not suspicion or speculation.
Limitations of hearsay evidence.
Children are victims of domestic abuse if affected by it.
Section 3 of the Domestic Abuse Act
Definitions of coercive and controlling behaviour (Domestic Abuse Act 2021 and PD 12J).
Practice Direction 12J
Not all directive, assertive, stubborn or selfish behaviour is abuse.
Re H-N and Others (Children) [2021] EWCA Civ 448
Importance of looking at overall patterns of behaviour.
Re H-N and Others (Children) [2021] EWCA Civ 448
Exceptional diligence required in parental alienation cases.
Re S (Parental Alienation: Cult) [2020] EWCA Civ 568
Three elements to establish alienating behaviour (Re C [2023] EWHC 345 (Fam)).
Re C (Parental Alienation: Instruction of Expert) [2023] EWHC 345 (Fam)
Risk of misinterpretation, exaggeration, or fabrication in private law proceedings.
Re B [2008] UKHL 35
Consideration of witness' impression in emotionally charged disputes (Re M [2013] EWCA Civ 1147).
Re M (Children) [2013] EWCA Civ 1147
Achieving Best Evidence (ABE) interview guidelines.
Re W and F (Children) [2015] EWCA Civ 1300, Re E (A Child) [2016] EWCA Civ 473, AS v TH (False Allegations of Abuse) [2016] EWHC 532 Fam, Re P [2019] EWFC 27, Re JB (A Child) [2021] EWCA Civ 46, Re B And Y [2020] EWCA Civ 767, Re Y and E (Children) [2019] EWCA Civ 206
Outcomes
Mother's allegations of physical assault by father on January 29, 2021, not proven.
Mother's evidence more persuasive than father's inconsistent accounts.
Father's actions in calling the police were partially tactical.
Father's own evidence suggests an attempt to control the situation and prevent relocation.
Mother did not physically chastise the children.
Evidence insufficient to support such a finding.
Mother did not make false allegations or coach the children.
Children's statements were consistent over time and made to different professionals.
Father's behaviour was physically rough with children.
Compelling ABE interviews detailing specific incidents; father's accounts lack detail and are inconsistent.
Father's behaviour constituted emotionally abusive.
Father's actions created unsafe and unsettling environments for the children, especially A.
Father's actions found to be controlling.
Father did not respect A's boundaries and displayed behavior indicative of controlling tendencies.