B v E
[2023] EWFC 303 (B)
YK (Father) v TS (Mother)
14 March 2024
[2024] EWHC 2579 (Fam)
High Court
Mom and Dad fought a lot, and there were concerns about their baby's safety. The judge said they both made mistakes and need to focus on what's best for the baby, not who's to blame for their bad relationship. Mom will get a check-up from a psychologist to see if she's a safe parent.
Key Facts
- •Fact-finding hearing concerning 15-month-old child A.
- •Dispute over child's residence and contact arrangements between parents YK (Father) and TS (Mother).
- •Father initiated an ex parte application to prevent Mother from removing A to India.
- •Extensive history of arguments and incidents between parents, some recorded on video and audio.
- •Allegations of physical and psychological violence from both parents.
- •Mother's self-harm incidents and allegedly threatening statements regarding A.
- •Father's alleged controlling and aggressive behavior towards Mother.
- •Mother's emotional distress linked to father's death, IVF struggles, and isolation in the UK.
- •Both parents view themselves as victims in the relationship.
- •Need for psychological assessment of the Mother.
Legal Principles
Fact-finding hearings are to protect children from abuse, not to air grievances or analyze relationship failures.
K v K [2022] EWCA Civ 468 at [65]
Child's best interests are paramount, and it's usually best for a child to know both parents.
s.1(2A) Children Act 1989 (implied)
Outcomes
Findings of fact made regarding specific incidents of parental behavior impacting child's safety.
Based on video evidence and witness testimony, considering the context of the toxic relationship.
Psychological assessment ordered for the Mother.
To determine any risk to the child and identify potential therapeutic needs.
Judge emphasizes the disproportionality of extensive fact-finding in this case.
Most evidence focused on relationship breakdown rather than child's welfare.