S (Private Law: Fact Finding) (No.1), Re
[2024] EWFC 156 (B)
TQC (Domestic Abuse: Findings), Re
9 October 2024
[2024] EWFC 279 (B)
Family Court
A mom said her partner abused her and their kids. A judge listened to everyone's stories and looked at all the evidence. The judge believed the mom and said the dad did abuse them. The judge's decision is based on the fact that the mother's account was more consistent and credible than the father's, which contained several inconsistencies and evasions.
Key Facts
- •Father applied for a Child Arrangements Order regarding three children (T, Q, C) under seven.
- •Mother alleged domestic abuse by the father, including sexual and physical abuse of herself and physical and emotional abuse of the children.
- •Father denied all allegations.
- •Two older teenage children (U and D) gave detailed accounts to the police supporting the mother's allegations.
- •Father had a previous conviction for common assault against the mother.
- •Fact-finding hearing held to determine the truth of the abuse allegations.
Legal Principles
Burden of proof lies on the party making the allegation (civil standard - balance of probabilities).
Re JK (A Child) (Domestic Abuse: Finding of Fact Hearing) [2022] 1 FLR 657
Findings must be based on evidence, not suspicion or speculation.
Re A (A child) (Fact Finding Hearing: Speculation) [2011] EWCA Civ 12
Court must consider all evidence holistically.
Re T [2004] EWCA Civ 558
In domestic abuse cases, a pattern of behaviour is as relevant as individual incidents.
Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448
Intention to cause harm does not need to be proved for a finding of abuse.
GK v PR [2021] EWFC 106
Criminal law concepts are not directly applicable in Family Court fact-finding hearings.
Re R (Children) (Care Proceedings: Fact-finding Hearing) [2018] EWCA Civ 198
Outcomes
Mother's allegations of domestic abuse were proven.
Mother's evidence was considered more reliable than the father's, which was deemed evasive, inconsistent, and lacking candor. The court considered the totality of evidence, including police statements, witness accounts, and the father's own inconsistent statements.