FA-2024-000359 - [2025] EWHC 857 (Fam)

Background

The case concerns three children of primary school age. The parents are married but separated in late 2023 following an incident in which the father assaulted the mother, his brother and sister in law. He pleaded guilty to offences which included assault occasioning Actual Bodily Harm, intentional strangulation, battery and criminal damage.

The father issued an application for child arrangement orders in January 2024 when mother would not allow him to see the children. He was seeking contact and shared care. The mother stated that the incident in late 2023 was the culmination of some years of domestic abuse which included a pattern of coercive and controlling behaviour in relation to herself and the children, which sometimes included the use of physical violence.

A safeguarding letter was filed by Cafcass which stated that there were serious allegations of domestic abuse being made, and therefore that direct contact between the father and children (including video contact) was not recommended until the completion of the section 7 report. This recommendation was repeated following receipt of the level 2 checks.

The father applied for an early hearing for contact to be considered but this was refused by the District Judge. A schedule of allegations was filed by the mother, and responded to by the father. In June 2024 he pleaded guilty to the charges arising out of the 2023 incident. On 6^th September 2024 a District Judge ordered that there should be a fact finding hearing with respect to the allegations of domestic abuse in addition to the offences to which the father had pleaded guilty, although he required the mother to reduce the number of specific incidents she relied upon to 8. The fact finding hearing was listed for three days in February 2025. The parties were ordered to file narrative statements.