SITTING AT BOURNEMOUTH AND POOLE
Deansleigh Road Bournemouth BH7 7DS |
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B e f o r e :
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A Mother |
Applicant |
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- and - |
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A Father |
Respondent |
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RE J AND K (CHILDREN) (FINDING OF FACT) |
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The Respondent appeared in person and was assisted by a Qualified Legal Representative, Esther Oluwafemi
Hearing dates: 12 – 14 May 2025
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Crown Copyright ©
District Judge Veal:
Introduction
Legal framework
"Few relationships lack instances of bad behaviour on the part of one or both parties at some time and it is a rare family case that does not contain complaints by one party against the other, and often complaints are made by both. Yet not all such behaviour will amount to 'domestic abuse'…"
Evidence
Issues of fact and the evidence
"It is concerning that J can narrate how his father put his hands on [the mother's] neck and [the mother] was trying to push him away and trying to tell [the father] to stop hitting his mother."
That appears to be a reference to the circumstances of allegation M1, which is consistent with what J is said, in notes from an IDVA meeting on 19 July 2022, to have said to police in March 2022. I have also seen a statement from a police officer dated 21 March 2022 which confirms that.
"I did not detect any signs of anxiety or sadness from K or J. J appeared comfortable in his decision as did K."
Analysis and findings
"Domestic abuse is harmful to children, and/or puts children at risk of harm, including where they are victims of domestic abuse for example by witnessing one of their parents being violent or abusive to the other parent, or living in a home in which domestic abuse is perpetrated (even if the child is too young to be conscious of the behaviour). Children may suffer direct physical, psychological and/or emotional harm from living with and being victims of domestic abuse, and may also suffer harm indirectly where the domestic abuse impairs the parenting capacity of either or both of their parents."
"It follows that the harm to a child in an abusive household is not limited to cases of actual violence to the child or to the parent. A pattern of abusive behaviour is as relevant to the child as to the adult victim. The child can be harmed in any one or a combination of ways for example where the abusive behaviour:
i) Is directed against, or witnessed by, the child;
ii) Causes the victim of the abuse to be so frightened of provoking an outburst or reaction from the perpetrator that she/he is unable to give priority to the needs of her/his child;
iii) Creates an atmosphere of fear and anxiety in the home which is inimical to the welfare of the child;
iv) Risks inculcating, particularly in boys, a set of values which involve treating women as being inferior to men."