FD24P00857 - [2025] EWHC 835 (Fam)

The mother’s evidence is that the father’s behaviour towards her changed after the birth of S. She says he belittled her parenting abilities and began to be verbally abusive. She gives an example of a threat to punch her. She says so began a cycle of abuse. She cites an example from December 2021 when the father was driving and swore at her and when they stopped she locked herself in the car because she was ‘terrified’ whilst he kicked the car. She says he often became enraged by the smallest things. After COVID they spent more time in the countryside and the father bought a home which was put in the mother’s sole name. She says she spent a lot of time there but began to feel isolated and vulnerable. In August 2022 she says he dragged her into another room in their home to argue with her and on another occasion punched a pillar close to her and grabbed her arms leaving marks. During this time her mother often stayed with her and she witnessed the father’s domestic abuse. Concerned, she visited the British Consulate seeking advice in July 2023. A referral was made to Italian social services who asked for a meeting with the parents in February 2024. The mother says the father was present at this meeting and she was terrified. She had no reassurance her children would be safe with the Italian authorities. She told them she did not want any further social services involvement.

She sets out the father encouraged her to return to work and that they were having financial problems. She explains she studied part time. During a holiday in the UK in August 2023 she says she discussed with the father how lovely it would be to return to live in the UK permanently. She says as part of their plan to permanently relocate to London they discussed the better dental care available in London for S, who had some particular dental difficulties.

The mother’s evidence is that she began looking for a permanent job in London in December 2023. In the spring of 2024 an opportunity arose in her work’s UK team. She shared the news in March 2024 that she had secured a role in London and the first part of the new job would run until most likely November 2024 “with the option to extend and lead into further projects if the initial project was a success.” She says the father’s job was vulnerable around this time. The mother’s evidence is that the father “finally agreed that we should all move to London together, recognising and stating that the role that I had been offered was a great opportunity for me and the family as a whole, which aligned with our mutual love for the city.” She says the father knew that if the first part of the project was a success it would be extended and this would be announced in October or November 2024. She says it was very obvious the London job “was going to be a permanent one (even in the unlikely event that we didn’t secure an extension of the project.)” She says he provided his consent to “the move” in a WhatsApp on 19 April 2024.

She says the father attacked her on 19 April 2024, throwing the mother against the wall hurting her shoulder and wrist badly. The mother says they flew to London on one way tickets with lots of luggage. She says the father was keen for the children to settle and this is demonstrated by decorating their rooms and nursery and dental care. The mother relied on a WhatsApp message to Mr E which states that the father said: “I am here [London] permanently until November now.” The mother further relies on the forms completed for nursery which reference prep schools places being guaranteed if two years of nursery education is completed. The mother’s evidence is that the children are integrated into London life with a comfortable London flat and with their time at their nursery. She relies on their progress notes. A prep school has offered S a place. Their medical needs are met through registration in a local GP practice and at a specialise dental clinic. They have busy extra-curricular activities and museum and zoo memberships. She contrasts this with isolation in Italy. She states she has family in the UK and the children’s first language is English.

She says the father’s behaviour worsened after he was made redundant in July 2024, at which stage he ceased commuting backwards and forward to Italy and moved into the London flat. She says when the father secured a new job which began in January 2025 he made the return to Italy an issue. She issued divorce proceedings in November 2024 and made an application for a non-molestation injunction and a prohibited steps order to prevent the children being removed from England and Wales. District Judge Jenkins acceded to these applications. The non-molestation order runs to 9 December 2025.

In February 2025 the mother states the father was rude to her sister-in-law and the next day directed a ‘tirade of abuse’ at her. She called the police and states the father voluntarily agreed to leave the flat.

Her witness statement sets out the father consented to the children moving to the UK on 21 April 2024. She states: “ I accept that phase 1 came to an end in December 2024 but [the father] knew that I hoped that I would be asked to work on the subsequent phases for the client and that would lead to me remaining in the UK and in the meantime London has become our home.”

Alternatively she states the father has acquiesced in the children residing in the UK. She points to him supporting the children and making them settled.

She further states returning to Italy fills her with dread and she would return unemployed, dependent upon the father and without a home. She does not have confidence in Italian social services. She states the children’s lives would be disrupted if they returned to Italy. In the event that the court is minded to order the children’s return she seeks protective measures

The mother was politely but rigorously cross-examined by Miss Renton. It became clear there were aspects of her evidence where she obfuscated and it took quite some time for clear answers to emerge. There was something of a lack of candour about how she answered some questions. This has impacted on her credibility although I note her devotion to her children.

Miss Renton took the mother to a London local authority ‘Child and Family Assessment’ report which was began on 1 August 2024 and signed off by a manager on 26 September 2024. The mother contacted social services and alleged domestic abuse at the hands of the father. Social services did not contact the father. The report details what the social worker understood the mother told her. However in cross-examination the mother disowned aspects of the social worker’s report, stating it was inaccurate and it was rushed by the social worker having been completed on the last day of her job. I understood the mother to state she had complained about its contents and asked for it to be changed, although there are no records of this. The report states the following:

“[The mother] is determined to take steps to safeguard her children, and the decision to come to the UK is part of that plan. [The mother] is of the view that UK legislation offers women and children in situations like hers, greater levels of security and protection and she has spoken at length about experiences of oppressive and discriminatory practices against women and non-Italians. [The mother] does not want her children to experience their father’s emotional abuse any longer. [The mother] intends ending the relationship in the middle of October 2024 and she has sought advice from solicitors and has been advised she needs to be in the UK for a minimum of 6 months before she can file for divorce. She has been in the UK for 5 months. ..”

She denied that the £ 2 500 she paid to previous solicitors earlier on 8 May 2024 was for divorce advice. Her evidence is that she paid this money for domestic abuse advice.

The mother disputed that she was ever settled in northern Italy and queried the London local authority’s social worker’s description.

When challenged about the family’s second home in Italy which was in her name for tax reasons, she finally accepted it was part of the family assets. She disputed she had marketed it for sale behind the father’s back but accepted that she had asked the director of a local hotel who was not an estate agent to inform her if anyone was interested in buying the flat. She said she was the subject of financial abuse. She denied the suggestion the flat was sold to fund her plan to move the children to London. It was put to her she had lied and told the father her employer’s company was paying for the relocation when in fact she was. She denied this and denied telling the father her employer was funding the relocation.

Miss Renton took her to a report from Italian social services dated 21 August 2023 which references a communication between the mother and the British Consulate which states:

“The British Consulate employee reported that [the mother] had contacted her and asked to leave Italy with her children. The woman also reported that her husband and been violent with her verbally and physical in the presence of the children; in this context, the woman had not clarified how and when the violence had occurred.”

The mother stated this did not evidence an intention to relocate and the conversation with the Consulate related only to her intention to have a holiday in August 2023 in London.

The mother was taken to a letter dated 30 January 2024 from A Nursery where the children would eventually begin in April 2024. She accepted she had received this letter on 30 January 2025 and when questioned as to why the father did not sign it until 22 April 2024, she responded that he was busy on a trip to London but she could not explain why the father did not sign it when he returned from the trip on 1 February 2024. She was taken to her bank statement and explained she had paid for the £ 1000 deposit for the nursery places on 28 February 2024 in her sole name. She said she had discussed this with the father. She claimed she had paid from her sole bank account rather than the family joint account to save on the exchange rate conversion but then it was pointed out she had in fact transferred the money on the same day from her Italian bank account. There was no proper explanation for this.

She was questioned about an A Nursery form called “Future School Plan”. There are two versions of this. One states there are no plans for the future and the parents will evaluate. The other form has additional text which states: “and we are happy to explore A Nursery suggested options including X Prep School.” She denied she had filled that in after the father had signed this form on 22 April 2024. There was no clear explanation provided as to why there are two versions of the form with different text.

The mother was taken to her bank statements in April 2024 which showed she had received a large payment from the father and she had then used this money to pay estate agents for the London flat that was rented from later that month. She denied the money had been given to her for her graduate degree and gave evidence that the father knew this transfer would be used for the flat rental.

Her evidence was that they had started looking for London flat rentals online in January 2024 and she looked at one flat in person in London in March 2024. She went by herself and this was in fact the property they had rented. She said she liked the flat and when she returned to Italy in March 2024 she had told the father about this. It was accepted none of this is set out in her witness statement.

She denied she had hidden the children’s passports from the father. Her evidence was that her son could not travel because of dental issues and the father knew that. She gave evidence that the children did not leave London to visit Italy from when they came to London in April 2024. She denied this was because of her plan to keep them in England for six months to retain them here. When it was put to her the London social worker had recorded that she: “had stored her children’s travel documents in a storage locker that [the father] does not know about” her response was that the social worker was inaccurate and the reason the children did not travel was because of her son’s dental recovery.