Family Law Hub

F v H (Fact-Finding) [2019] EWFC B80

The parents had split up and the boy was living with his mother. The father had applied for a child arrangements order. This was a fact-finding hearing with regard to allegations which, according to HHJ Tolson QC, would not "in the ordinary course, have had very much to say for the future" in terms of the boy's welfare. These included allegations of coercive control and that the father had raped the mother. The judge said that "the enquiry into this allegation of rape is fraught with difficulty" and that he did "not see why the mother could not, should not, have made life difficult for the father" during the events, while also noting that the mother would "often tell the father to stop". The judge's findings were that the sex was consensual, and more generally that the father was not coercively controlling. This decision was successfully appealed in JH v MF [2020] EWHC 86 (Fam), where Russell J DBE stated that the judge had employed "obsolescent concepts concerning the issue of consent".


Published: 24/02/2020

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