An Understanding Of Coercive And Controlling Behaviour In Private Children Cases And The Recent Case Of F V M (2021) 4

• Published date: 23 March 2021
• Subject Matter: Criminal Law, Family and Matrimonial, Family Law, Crime
• Law Firm: Fletcher Day
• Author: Ms Shameela Ahmed

In September 2012, the Government published guidance that may assist us as lawyers in both family and criminal practice to better understand the nature and features of controlling or coercive behaviour.

DOMESTIC VIOLENCE AND ABUSE ARE DEFINED AS:

"Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of gender or sexuality. This can encompass, but is not limited to, the following types of abuse: psychological, physical, sexual, financial and emotional."

THE FOLLOWING EXPLANATORY TEXT SUPPORTS THE DEFINITION:

"This definition, which is not a legal definition, includes so-called 'honour' based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group."

THE GOVERNMENT DEFINITION ALSO OUTLINES THE FOLLOWING:

• Coercive behaviour is an act or a pattern of acts of assault threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim
• Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence resistance and escape and regulating their everyday behaviour

SECTION 76 OF THE SERIOUS CRIME ACT 2015 - CONTROLLING OR COERCIVE BEHAVIOUR IN AN INTIMATE OR FAMILY RELATIONSHIP

Section 76 of the Serious Crime Act 2015 created a new offence of controlling or coercive behaviour in an intimate or family relationship. Before the introduction of this offence, case law indicated the difficulty in proving a pattern of behaviour amounting to harassment within an intimate relationship.

If relevant, allegations of domestic abuse in children cases are usually raised from the outset by either the Mother or the Father in private law proceedings. Further allegations may be raised at a later stage when dealing with safeguarding of the child, with recommendations by Cafcass (a specialised individual appointed by the Court to promote the welfare of children and families involved in proceedings) as to whether there should be a hearing to prove these allegations (known as a fact-finding hearing) before final resolution of the case.

Where the allegations are of violence per se, these are relatively easy to set out (i.e. a table...