Case No. EWFC-50

69.There are a number of disputed factual issues upon which I need to make findings, including the extent of contact between JM and R in the period from Summer 2019 to June 2020 and the incident on 25 June 2020. 70.I accept that JM did have regular contact with R from about October 2019 through to March 2020 when lockdown commenced. There was then a period up to June 2020 when JM was staying with SW for about three days per week. I accept that SW deliberately sought to minimise the amount of time R spent with JM and was deliberately untruthful in her statement. She said in the statement that he had only spent about 20 minutes with R on one occasion and this was plainly untrue. The texts and photos were clear that there had been something like seven occasions when JM had overnight contact with R, and one of those was for three nights. All of these stays were at the house where JM lives with his parents. 71.However, as I set out above, SW’s lies in respect of the frequency of contact were motivated by her desire to stop JM gaining any role in R’s life and do not suggest that she is invariably not telling the truth.72.On the 25 June 2020 incident I prefer SW’s version of events to JM’s. Firstly, it seems inherently unlikely that SW would have dragged JM into the house. She is much smaller than JM and would just physically have found it difficult to pull him in. Also, one must ask why she would have done that given that she undoubtedly wanted him to go away, not least because there were young children in the house. The account that she went out to tell him to leave because he was upsetting the children is much more likely. Secondly, there is photographic evidence of bruising to SW’s neck which accords with her version of events. Thirdly, the other adults in the house all gave statements to the police which generally supported SW’s version. Fourthly, JM’s general demeanour as someone who gets very frustrated and loses control when he does not get what he wants accords with SW’s version of at least the start of the incident. Fifthly, it seems from JM’s own account that he could have left when SW came out of the house, but he chose not to do so because he “wanted to get his stuff”. That suggests to me that he was at least to some degree the protagonist. 73.I am not sure SW told me a fully accurate version of events inside the house, but I accept that JM forced his way in and there was then a scuffle in front of the children. I fully accept that that must have been extremely frightening for the children.74.There are effectively three issues in respect of each of the children – whether JM should have contact with the children, whether I should make a PRO, and whether I should make a s.91(14) order. 75.In respect of R there was a written agreement between JM, SW and EG, which states in clear terms that JM will not have any right to have contact with the baby. That was the understanding of all three parties at the time. However, it was SW who then contacted JM and asked him if he wanted to come and see the baby when she was two weeks old. 76.SW then contacted JM later to ask him if he wanted further contact. SW said she did that because she wanted JM to pass his rights in respect of R to EG. it was not easy to follow the logic of what SW was saying in this regard. She referred to having gone to a lawyer for advice, but neither she nor EG were at all clear about what the advice was. It is possible that SW was trying to persuade JM to give assistance to EG gaining a PRO, but there is no evidence she actually suggested this to JM. It seems more likely in my view that at least part of her motivation for proposing contact was that she wanted to get money from JM, both for R and herself. There are texts from SW asking to borrow money. I note that JM seems to have been generous in giving SW money, although it is not possible or necessary to try to establish how much money he actually gave her or the terms of whether or not it would be repaid. JM does not work but appears to have had plentiful funds given to him by his parents. 77.Applying the three criteria in