Re B-B (Domestic Abuse: Fact-Finding) (Rev1) [2022] EWHC 108 (Fam)
Dr Proudman was instructed by Beck Fitzgerald on behalf of the mother in a complex fact-finding hearing. The case of B-B has a long history. A child arrangements consent order made by HHJ Scarratt in August 2019 was appealed to the Court of Appeal and the appeal was successful. The mother had been coerced to sign a consent order after HHJ Scarratt had threatened to have the child put into foster care or adopted if the mother continued with her allegations of rape and abuse. The mother’s case formed one of the four linked appeals in the Court of Appeal, Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448, which was successful on appeal. The case gave general guidance to the family courts on the correct approach to dealing with rape, domestic abuse and coercive and controlling behaviour cases.
The matter came before Mr Justice Cobb for a re-hearing at a five day fact-finding hearing. The Judgment is almost 30 pages in length and it sets out the background and history of the parties and the cross-allegations made by the parents. The mother proved her allegations of domestic abuse on the balance of probabilities this included that the father raped and sexually abused her, was verbally abusive and controlled her. The mother had the benefit of giving her evidence with participatory directions in place.
You can read the case here, https://www.bailii.org/ew/cases/EWHC/Fam/2022/108.html
Related barristers: Dr Charlotte Proudman
