F v M & Anor [2026] EWFC 133 (B)

Brief background 

The parties share one child and separated in 2020.

In May 2021, the parties agreed a consent order which set out that the child would live with Mother and spend time with Father progressing to alternate weekends and additional time in school holidays.

During the period following the 2021 Order and March 2024 there were various alleged issues around contact. Mother had contacted Social Services twice to report concerns. However, nothing came of those complaints and contact continued in line with the May 2021 Order.

All contact between Father and the child stopped in March 2024. The Mother alleged that the child made allegations of sexual abuse perpetrated by the Father. 

An application for enforcement was made by Father on 20 June 2025. Mother made an application to vary on 10 July 2025.

A Guardian was appointed on 16 September 2025. The court case managed the respective applications to a fact-finding hearing in June 2026. 

The allegations 

As noted below, by the time the fact-finding hearing was listed, the allegations were wider in scope.  It was Mother’s case that the child had revealed more details alleging sexual and physical abuse.

The respective allegations determined at the fact-finding hearing were:

1. Did Father sexually abuse the child?
2. Did Father physically abuse the child? 
3. Did Mother consciously or unconsciously coach the child into making allegations?
4. Did Mother engage in alienating behaviours?

Conclusion 

No findings were made in respect of allegations 1, 2 and 4. However, the court found that Mother, at times, unconsciously coached the child into making allegations.

The court also considered Father’s application for breach. The court did not find that Mother breached the previous child arrangements order without a reasonable excuse.

Given the evidence about how two organisations worked with the child, and the widespread use of the term ‘disclosure’ by both lay parties and professionals in relation to what the child alleged, HHJ Owens also considered the guidance from MacDonald J in AS & TH and ors [2016] EWHC 532 (Fam) and Re P (Sexual Abuse: Finding of Fact Hearing) [2019] EWFC 27. 

In particular, highlighting the “manifest dangers” from adopting an approach that the child is to be believed. HHJ Owens noted professionals used “disclosure” instead of “allegation”. It was noted that many professionals took as a starting assumption that the child had been sexually abused well before anything had been determined. This had an impact on the overall evidence in this case.

F v M & Anor  [2026] EWFC 133 (B) judgment

19th Jun 2026

Lee Kelleher

Call 2013