GB (Parental Alienation: Factual Findings), Re
[2024] EWFC 75 (B)
V and W (Children: Finding of Fact), Re
23 June 2023
[2023] EWFC 233
Family Court
A mom was found to have abused her husband for years, making false accusations and being violent. The judge said the mom is not safe to care for her children alone because of her bad behavior and lack of remorse.
Key Facts
- •The father alleged physical, verbal, coercive, controlling, and psychological abuse by the mother against him, his mother, and the children.
- •The mother denied the allegations and made counter-allegations of controlling and coercive behavior, financial abuse, and sexual abuse (including rape) by the father.
- •The court heard evidence from the parents, paternal grandmother, paternal aunt, a gardener, and reviewed various documents, including text messages, recordings, and police statements.
- •The court found that the mother's English was fluent and that she was able to communicate effectively.
- •The court found the mother's allegations of rape to be false and made in retaliation.
- •The court found the mother to be the perpetrator of coercive and controlling behavior throughout the relationship.
- •The court expressed concerns about the mother's capacity to provide safe and predictable care for the children due to her unpredictable behavior and lack of remorse.
Legal Principles
Practice Direction 12J on domestic abuse in family proceedings.
Family Procedure Rules
Guidance from the Court of Appeal in Re H-N & Ors and Re K on domestic abuse findings of fact hearings.
[2021] EWCA Civ 448 and [2022] EWCA Civ 468
Principles applicable during fact-finding hearings, as set out by Mr Justice Cobb in Re B-B.
[2022] EWHC 108 (Fam)
Definition of domestic abuse under Section 1 of the Domestic Abuse Act 2021.
Domestic Abuse Act 2021
Children Act 1989: paramount consideration of children's welfare, resolution without delay, and presumption of parental involvement.
Children Act 1989
Standard of proof in family court proceedings: balance of probabilities.
Re B [2008] UKHL 35
Considerations regarding false allegations of sexual abuse, as set out in Re P and AS v TH.
[2019] EWFC 27 and [2016] EWHC 532 (Fam)
Outcomes
Findings of fact that the mother perpetrated coercive and controlling behavior against the father.
Multiple incidents of verbal abuse, physical assaults, threats, intimidation, isolation, and manipulation. The mother's evidence was found to be inconsistent and unreliable.
Finding that the mother's allegations of rape against the father were false.
Late reporting, inconsistencies in the mother's account, lack of corroborating evidence, and the timing of the allegation suggesting retaliation.
Concerns expressed about the current shared care arrangement and the mother's capacity to provide safe and predictable care for the children.
Mother's unpredictable behavior, lack of remorse, and demonstrated inability to prioritize children's welfare.