SD v AFH (Appeal: Coercive and controlling behaviour: Inference or speculation) [2019] EWHC 1513 (Fam) (13 June 2019)

Posted on Tuesday, June 25th, 2019

This Judgment relates to an Application for permission to appeal the decision of HHJ Plunkett made in respect of findings of fact handed down on 14/11/18.

The proposed Appellant father wished to appeal findings made in proceedings which related to the parties’ child, which involved cross Applications.  The findings made stated that the father had demonstrated controlling and coercive behaviour towards the mother, which included an assault upon the mother on 14/09/18.  This behaviour, it was found, undermined the mother and her ability to care for the child and that this behaviour involved the child to their emotional detriment.

The proposed Appellant wished to appeal the findings based on alleged procedural failures, the making of findings based on inferences rather than fact and also bias/discrimination.

Upon considering the matter, Mr Justice Williams looked at the background of the case and the procedural steps which led to the listing of and subsequent making of findings of fact.  Relevant case law was also considered including Re H (Contact: Domestic Violence) [2000] 2 FLR 334, Re F (Children) [2016] EWCA Civ 546 and McGraddie v McGraddie [2013] 1 WLR 2477.  Mr Justice Williams considered each of the proposed grounds of appeal in turn and ultimately concluded that none of the grounds had any realistic prospect of success and that there was no other reason to grant permission to appeal.  The Application for permission to appeal was therefore refused.

The full judgment can be read here.

If you have any questions about this summary case law please contact Claire here.

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