Judge overturns 'outdated' decision on risk to children of domestic abuse

A high court judge has overturned a “dangerously outdated” family court decision made on the basis that domestic abuse between a father and a mother would not be likely to pose a risk to their children and was “largely historical”.

- Hannah Al-Othman

The mother had made seven separate allegations of rape, the earliest in June 2009, and the latter four dating to 2020. She had made further allegations including that the father had stalked her, threatened to disclose intimate photographs, thrown a coffee mug and in 2021 had removed the brake pads from a car, which police had said could constitute a potential offence of attempted murder.

The father is on police bail in relation to a number of allegations and a charging decision from the Crown Prosecution Service (CPS) is pending. He disputes the allegations, and had made counter-allegations that the mother was attempting to alienate the children from him.

He had applied to the court in February for a transfer of residence, asking the court for the children to spend more time with him than their current shared care, spending nine nights a fortnight with their mother and five with him. In the application, he said the mother "continues to make and disseminate untrue allegations against me".