H, Re

H, Re

Direct contact with the father would expose the child to an unmanageable risk of harm due to the father's history of domestic abuse, lack of insight, and failure to engage with indirect contact or recommended interventions. The welfare of the child and protection of the mother require limiting contact to indirect means, denying parental responsibility, and imposing a section 91(14) barring order.

Parties
Applicant Father: N; Respondent Mother: K; Child: H
Jurisdiction
England and Wales
Judgment Date
09 May 2024
Procedural Posture
Children Act Proceedings (child Arrangements and Parental Responsibility) / Final Judgment
Outcome
Application for direct contact and parental responsibility refused; indirect contact ordered; section 91(14) barring order granted.
Legal Topics
Child Arrangements, Parental Responsibility, Domestic Abuse, Section 91(14) Barring Order
Family Law Child Law Child Arrangements Parental Responsibility Domestic Abuse Section 91(14) Barring Order

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Parties

N

Applicant Father

K

Respondent Mother

H

Child

Procedural Posture

Children Act Proceedings (child Arrangements and Parental Responsibility) / Final Judgment

Legal Issues

  1. 1 Whether the father should have direct or indirect contact with the child
  2. 2 Whether the father should be granted parental responsibility
  3. 3 Whether a section 91(14) barring order should be made against the father

Ratio Decidendi

Direct contact with the father would expose the child to an unmanageable risk of harm due to the father's history of domestic abuse, lack of insight, and failure to engage with indirect contact or recommended interventions. The welfare of the child and protection of the mother require limiting contact to indirect means, denying parental responsibility, and imposing a section 91(14) barring order.

Court Disposition

Application for direct contact and parental responsibility refused; indirect contact ordered; section 91(14) barring order granted.

Orders

  • Father to have indirect contact (letters, cards, gifts) three times a year plus on the child's birthday, facilitated by a safe method not involving direct contact or disclosure of mother's details.
  • Mother to provide updates to father twice a year via a safe method.