YK (Father) v TS (Mother)
[2024] EWHC 2579 (Fam)
U (Findings of Fact), Re
22 February 2024
[2024] EWHC 582 (Fam)
High Court
Mom and Dad fought a lot, each accusing the other of hurting them. The judge listened to both sides and decided who was telling the truth about some of the bad things that happened. Both parents did some bad things that worried the judge, who decided that more needs to be done to keep the child safe. Now, the judge will decide who the child should live with.
Key Facts
- •The case concerns child U, with this being the second judgment related to him.
- •U's parents met in 2018, separated in 2020, and had a brief reconciliation in 2021.
- •U lived with his mother in France until being placed in foster care, then entrusted to his father's care in 2022 and returned to England.
- •The mother and father each made several allegations of abuse and misconduct against the other.
- •The mother's mental health has been a significant factor in the case, impacting her behavior and the court proceedings.
- •The hearing involved multiple applications from both parents regarding custody, contact, and protection orders.
- •The judge considered extensive evidence, including witness testimonies, statements, and previous court orders.
Legal Principles
Burden of proof lies with the person making the allegation.
Re B (Care Proceedings: Standard of Proof) [2008] UKHL 35
Court must be vigilant to the possibility of one parent seeking advantage in the battle against the other.
Re W (Children) (Abuse: Oral Evidence) [2010] UKSC 12
Standard of proof is the civil standard – balance of probabilities.
Re B [2008] UKHL 35
Court can consider inherent probabilities of events.
Re B [2008] UKHL 35, Re Dellow's Will Trusts [1964] 1 WLR 451
Findings of fact must be based on evidence, not suspicion or speculation.
Re A (A Child) (No.2) [2011] EWCA Civ 12, Darlington BC v M and F [2015] EWFC 11
Court must consider all available evidence and assess witness credibility and reliability.
Sections 24-26
The primary purpose of family proceedings is to determine what happened in the past to inform the ultimate welfare evaluation.
Re R [2018] EWCA Civ 198
Court must consider patterns of behavior, not just isolated incidents of violence.
Re H-N [2021] EWCA Civ 448
Not all directive behavior constitutes abuse; intention and harmful impact are crucial.
Re L (Relocation: Second Appeal) [2017] EWCA Civ 2121
Vulnerable individuals may react differently to abuse and may not always realize what is happening to them.
M (A Child) [2021] EWHC 3225 (Fam)
Outcomes
Findings of fact made regarding allegations of abuse and misconduct by both parents.
Based on evidence presented, including witness testimonies, statements, and consideration of the credibility and reliability of witnesses.
The judge found instances where both parents engaged in unacceptable behaviour, impacting the child's welfare.
The judge detailed specific incidents, assessed the context, and weighed the evidence from both sides to determine the facts.
The case was to proceed to a welfare hearing to determine the best interests of the child.
The fact-finding judgment provides the basis for the welfare decision, which will consider the child's best interests in light of the established facts.