FD25P00003 - [2025] EWHC 827 (Fam)

I determined at the outset of the hearing that limited oral evidence was necessary and proportionate. Both FB and KS have alleged physical, verbal and emotional abuse against each other. While I have ample evidence of abusive language in the WhatsApp and other text messages both parties have produced, there was a dispute about the allegations of physical violence. FB referred in her statements to having had ‘arguments that on occasion became physical on both our parts’, also saying ‘It is possible that I have hurt [KS]’ during arguments, but also denied causing the injuries evidenced by KS, and denied assaulting him in December 2024. KS denied ever physically assaulting FB.

KS’s written evidence included allegations of physical assaults over a period of 2 years, together with photographs of injuries. Although the parents are no longer in a relationship nor living together, on behalf of KS, Ms Dunseath confirmed that he contends that FB’s inability to control her temper continues to put H at risk of direct harm in any event. FB did not make a corresponding allegation against KS: she said they had had a toxic relationship, but did not suggest that this meant KS posed a risk to H in other circumstances. The contention made by KS is directly relevant to assessing the risk of future harm to H, and therefore to her welfare interests. While it is possible, to an extent, to gauge the nature of a relationship from contemporaneous text messages, they are a limited part of the picture and risked not being sufficient to determine this critical question. I therefore permitted oral evidence from each parent, limited to the following issues: