Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings)
[2021] EWCA Civ 448 are apposite, namely that behaviour which falls short of establishing rape may nevertheless be profoundly abusive and should certainly not be ignored or met with a finding akin to “not guilty” in the family context. A focus on consent and the father’s state of mind as advocated for by Mr Latham would, in my view, have resulted in the judge becoming too narrowly focussed on criminal concepts in his investigation and evaluation of the nature of the relationship between these two parents. This view is consistent with the views I expressed in A and D v B, C and E [2022] EWHC 3089 (Fam) (see paragraphs 23-32).42.
- Approved Judgment
- Introduction
- A and D v B, C and E
- Background
- The Judge’s Findings of Domestic Abuse
- The Judgment Under Appeal
- The Parties’ Positions
- Legal Framework
- Re H-N and Others (Children) (Domestic Abuse: Findings of Fact)
- Piglowska
- Re F (Children)
- Re A (A Child: Findings of Fact)
- Analysis
- Ground two
- Re B-M (Children: Findings of Fact)
- Re A (A Child) (No. 2)
- Ground three
- Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings)
- Ground One
- Re F and Another (Children) (Sexual Abuse Allegations)
- Conclusion