FD25P00113 - [2025] EWHC 2670 (Fam)

The most useful guidance is provided by Re H-N & Others [2021] EWCA Civ 448 as to the need for sophisticated analysis which spans the relevant timeline. The Domestic Abuse Act 2021 contains definitions of domestic abuse. Behaviour is “abusive” if it consists of any of the following and it does not matter whether the behaviour consists of a single incident or a course of conduct:

Paragraph 3 of PD 12J FPR 2010 provides a definition of coercive behaviour and controlling behaviour:

“a)

‘coercive behaviour’ means an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten the victim;

b)

‘controlling behaviour’ means an act or pattern of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.”

The definitions of coercive and controlling behaviour were further expanded upon in the judgment of Hayden J in F v M[2021] EWFC 4 in which he referred to paragraph 60 the statutory guidance published by the Home Office pursuant to Section 77 (1) of the Serious Crime Act 2015 which identified paradigm behaviours of controlling and coercive behaviour, and said:

“‘coercion’ will usually involve a pattern of acts encompassing, for example, assault, intimidation, humiliation and threats. ‘Controlling behaviour’ really involves a range of acts designed to render an individual subordinate and to corrode their sense of personal autonomy. Key to both behaviours is an appreciation of a ‘pattern’ or ‘a series of acts’, the impact of which must be assessed cumulatively and rarely in isolation.”

The primary focus of the court is on establishing whether or not there has been a pattern of behaviour, following the guidance of the Court of Appeal in H-N and Others (Children) (DomesticAbuse: Fact-finding Hearings)[2021] EWCA Civ 448. The primary focus is on patterns of behaviour and whether the evidence taken as a whole supports a finding of overarching coercive and/or controlling behaviour.