Cala and Daib, Re

Cala and Daib, Re

The court found the father had responded positively to the DAPP, demonstrated genuine remorse, and addressed parenting concerns. The evidence did not support ongoing serious risk or 12J behaviour. The allegation that the mother showed the children an anti-Islamic video was found proven on the balance of probabilities. The children’s welfare was best served by reinstating unsupervised contact with the father. There was insufficient evidence that further applications would put the children at risk of harm, so a section 91(14) order was refused.

Parties
Applicant/father: FTF; Respondent/mother: MLM
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Children Act 1989 Proceedings (child Arrangements and Specific Issue) / Final Judgment
Outcome
Application for reinstatement of direct, unsupervised contact allowed; section 91(14) order refused; no non-molestation or prohibited steps order made.
Legal Topics
Child Arrangements, Contact Orders, Domestic Abuse, Section 91(14) Orders, Religion of Children
Family Law Children Law Child Arrangements Contact Orders Domestic Abuse Section 91(14) Orders Religion of Children

Case Brief

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Parties

FTF

Applicant/father

MLM

Respondent/mother

Procedural Posture

Children Act 1989 Proceedings (child Arrangements and Specific Issue) / Final Judgment

Legal Issues

  1. 1 Whether direct contact between father and children should be reinstated or limited to indirect contact
  2. 2 Whether a section 91(14) order restricting further applications should be made
  3. 3 Whether a specific issue order regarding the children's religion should be granted

Ratio Decidendi

The court found the father had responded positively to the DAPP, demonstrated genuine remorse, and addressed parenting concerns. The evidence did not support ongoing serious risk or 12J behaviour. The allegation that the mother showed the children an anti-Islamic video was found proven on the balance of probabilities. The children’s welfare was best served by reinstating unsupervised contact with the father. There was insufficient evidence that further applications would put the children at risk of harm, so a section 91(14) order was refused.

Court Disposition

Application for reinstatement of direct, unsupervised contact allowed; section 91(14) order refused; no non-molestation or prohibited steps order made.

Orders

  • Unsupervised contact between father and children reinstated as before 12 July 2023.
  • No section 91(14) order restricting further applications.