L v S
The father has failed to engage with the proceedings, has not complied with previous orders, and presents ongoing safeguarding risks to the child and mother. There is no evidence that contact with the father would benefit the child, and the risk of emotional harm outweighs any benefit. The child's welfare requires that there be no contact with the father and that a section 91(14) barring order be made to prevent further abusive litigation.
- Parties
- Applicant Father: L; Respondent Mother: S; Family Court Adviser: Ms M
- Jurisdiction
- England and Wales
- Judgment Date
- 11 November 2024
- Procedural Posture
- Child Arrangements Application / Final Judgment
- Outcome
- Application dismissed; no contact order made; section 91(14) barring order granted.
- Legal Topics
- Child Arrangements, Contact Orders, Section 91(14) Barring Orders, Safeguarding, Indirect Contact, Parental Responsibility
Case Brief
Summary, issues, holding and outcome
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Parties
L
Applicant Father
S
Respondent Mother
Ms M
Family Court Adviser
Procedural Posture
Child Arrangements Application / Final Judgment
Legal Issues
- 1 Whether the father should have direct or indirect contact with the child
- 2 Whether a section 91(14) barring order should be made against the father
- 3 Whether the child arrangements order should be varied or dismissed
Ratio Decidendi
The father has failed to engage with the proceedings, has not complied with previous orders, and presents ongoing safeguarding risks to the child and mother. There is no evidence that contact with the father would benefit the child, and the risk of emotional harm outweighs any benefit. The child's welfare requires that there be no contact with the father and that a section 91(14) barring order be made to prevent further abusive litigation.
Court Disposition
Application dismissed; no contact order made; section 91(14) barring order granted.
Orders
- No direct or indirect contact between father and child W.
- Section 91(14) order: Father barred from making further applications under section 8 of the Children Act 1989 in relation to W until W is 16, without permission of the court.
Full Case Text
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