FH v MH

Eleanor Marsh, Barrister, 3PB

Eleanor Marsh raises concerns about the recently published case of FH v MH (PH12J: Parallel Criminal Proceedings) [2026] EWFC 195 (B), where she acted for the mother in long-standing proceedings. The Court applied the Resolution model, which was considered in the case of J (A Child) (Resolutions Model) [2021] EWFC 58 – (although this case relates to public law proceedings), finding that maintaining a guilty plea within criminal proceedings need not be fatal to an assessment of risk within the Family Courts. The emphasis, instead, is upon whether the party has demonstrated meaningful behavioural change and whether the identifiable risks can be safely managed going forward. In the author’s view, it is extremely difficult to reconcile this approach with the safeguards purporting to protect victims of domestic abuse within Practice Direction 12J when applying the facts of this judgment.